ML19282B562
| ML19282B562 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 03/06/1979 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7903150378 | |
| Download: ML19282B562 (6) | |
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UNITED STATES OF AMERICA SI 1
79 NUCEAR REGUIATORY CatMESSION y\\h$ *g C$
i;9 In the Matter of
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'y M
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it EDUSION IlGHrING & POWER COMPANY, ET AL.
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Docket Nos. 50-498A (South Texas Project,
)
50-499A Units 1 and 2)
)
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IEXAS UrILITIES GENERATING CCt@ANY, ET AL. )
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Docket Nos. 50-445A (Comanche Peak Steam Electric Station,
)
50-446A Units 1 and 2)
)
PROIECTIVE ORDER (March 6,1979)
WEREAS, docunents and information may be produced, exhibited, or provided by Air Products and Chemicals, Inc., E. I. DuPont de Nemours
& Co., Monsanto Cmpany, PPG Industries, Inc. and thion Carbide Corpora-tion (each referred to as a " Company" and collectively as the " Companies")
in connection with the captioned proceedings or related proceedings, wMeh material relates to trade secrets or other confidential comnercial infomation wMch may be exspt frm public disclosure under 10 CFR S$2.740(c) and 2.790(b).
IT IS HEREBY ORDERED TRAT:
1.
Confidential business information for purposes of this Order is infomation wMch concerns or relates to the trade secrets or other confidential business plans, procedures, relationships or arrang e ents, of any kind wMeh if disclosed have the potential of causing substantial harm to the competitive position of the person, fim, partner. chip, 79031503 %
. corporation or other organization fran which the information was obtained and as to which that person, firm, partnership or corporation could claim confidential treatment under 10 CFR SS2.740(c) and 2.790.
2.
Any information subnitted in this proceeding which is asserted by a Cocpany to contain or constitute such confidential business informa-tion shall be so designated by such C mpany in writing, or orally at a deposition, and shall be segregated from other inforention being suhnitted.
Documents shall be clearly and prominently marked on their face with the legend: "[Capany's name] CONFIDE 7fIAL BUSINESS INFOID!ATION, SURTECT TO PRuhuVE ORDER," or a carparable notice.
Such information shall be disclosed at any hearing only _in_ camera before the Nuclear Regulatory Conmission, ("Ccmnission"), the Atomic Safety and Licensing Board
(" Board") or the officer presiding over this proceeding.
3.
In the absence of written permission fran the Capany or an order by the presiding officer, any confidential documents or business inforcation subnitted in accordance with the provisions of paragraph 2 above shall not be disclosed to any person other than:
(i) counsel for parties to this proceeding, including necessary secretarial and clerical personnel assisting such counsel; (ii) qualified persons taking testimony involving such documents or information and necessary stenographic and clerical personnel thereof; (_iii) independent consultants and technical experts and their staff who are engaged directly in this litigation; (iv) the Ccmnission, the Board, the presiding officer, or Ccmnission's Staff.
above is included in an authorized transcript of a deposition or exhibits thereto, arrangenents shall be made with the court reporter taking the deposition to bind such confidential portions and separately label than "[ Company's name], CONFIDENTIAI., BUSINESS INEDFMATION, SURIECT TO PPUTECTIVE ORDER." Before a court reporter receives any such informa-tion, he or she shall have first read this Order and shall have agreed in writing to be bound by the terms thereof. Copies of each such signed agre ment shall be previded to the Company providing such confidential business information.
7.
The restrictions upon, and obligations accruing to, persons who become subject to this Order shall not apply to any information submitted in accordance with paragraph 2 above to which the person asserting the confidential status thereof agrees in writing, or the Comnission, the Board or the presiding officer rules, after proper notice and hearing, was publicly known at the time it was supplied to the receiving party or has since beccrne publicly known through no fault of the receiving party.
8.
Any document or information subnitted as confidential business information pursuant to paragraph 2 above is to be treated as such within the meaning of 5 U.S.C. 552(b)(4) and 18 U.S.C.1905, subject to a final ruling, after notice, by the Comnission, Board, the presiding officer, or the Ccmnission's FreedcIn of Information Act Officer to the contrary, or by appeal of such a ruling, interlocutory or otherwise.
4.
Confidential business information suhnitted in accordance with the provisions of paragraph 2 above shall not be made available to any person designated in paragraph 3(i) and (iii) unless they shall have first read this Order and shall have agreed, in writing:
(i) to be bound by the terms thereof; (ii) not to reveal such confidential business information to anyone other than another person designated in paragraph 3; and (iii) to utilize such confidential business information solely for purposes of this proceeding.
5.
If the Comnission or the Board orders, or if the Companies agree, that access to or dissemination of, information suhnitted as confidential business information shall be made to persons not included in paragraph 3 above, such matter shall caly be accessi'le c. or dissaninated to, such persons based upon the conditier.s pertainin6 to, and obligations arising frce this Ovder, and such per:cns shall be considered subject to it.
6.
Any confidential business informaticn, submteed to the Cmmission, Board or the presiding officer in connect:icn with a motion or other procedural device within the purview of this proceeding shall be submitted under seal pursuant to paragraph 2 above. Any portion of a transcript in connection with this proc ceding containing any confidential business information subnitted pur mant to paragraph 2 above shall be bound separately and filed under seal. khen any confi-dential business information suhnitted in accordance with paragraph 2
- 11. Nothing in this Order shall abridge the right of any person to seek judicial review or to pursue other appropriate judicial action with respect to any ruling made by the Cccmission, its Freedom of Information Act Officer, the Board or the presiding officer concerning the issue of the status of confidential business infomation.
- 12. Upon final termination of this proceeding, each person that is subject to this Order shall assemble and return to the Company all items containing confidential business information stiriitted in accordance with paragraph 2 above, including all copies of such matter which may have been made, but not including copies containing notes or other attcrney's wrk product that may have been placed thereon by counsel for the receiving party. All copies containing notes or other attorney's work product shall be destroyed. Receipt of material returned to the Cmpany shall be acknowledged in writing. This paragraph shall not apply to the Comission, the Board, the presiding officer and the NRC Staff, which shall retain such material pursuant to statutory require-ments and for other recordkeeping purposes, but may destroy those additional copies in its possession winch it regards as surplusage.
FOR THE AlmIC SAFELY AND LIG21 SING BOARD 3
l ld. T U y;_,,
L I'AVb Marshall E. Miller, Chaiman Dated at Bethesda, Maryland this 6th day of March 1979.
9.
The Ca: mission's Staff shall take all necessary and proper steps to preserve the confidentiality of, and to protect each Car:pany's rights with respect to, any confidential business information designated by the Company in accordance with paragraph 2 above, including, without limita-tion, (a) notifying the Company pranptly of:
(i) any inquiry or request by anyone for the substance of or access of such confidential business information, other than those authorized pursuant to this Order, under the Freedan of Information Act, as amended (5 U.S. C. 552), and (ii) any proposal tc declassify or make public any such confidential business infonmtion; and (b) providing the Company at least seven days after receipt of such inquiry or request within which to take action before the Comission, the Board, its Freedom of Information Act Officer, or the presiding officer, or otherwise to preserve the confidentiality of and to protect its rights in, and to, such confidential business information.
10.
If confidential business infonnation suhnitted in accordance with paragraph 2 is disclosed to any person other than in the manner authorized by this Protective Order, the person responsible for the disclosure nust imediately bring all pertinent facts relating to such disclosure to the attention of the Canpany and the presiding officer and, without prejudice to other rights and remedies of the Company, make every effort to prevent further disclosure by it or by the person who was the recipient of such infonnation.