ML19290C012

Request for Mod of ASLB 790323 Protective Order Binding Doj. DOJ Has No Objection.Draft Order & Certificate of Svc Encl

ML19290C012
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	12/19/1979
From:	Stahl D CENTRAL & SOUTH WEST SERVICES, INC., ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001090036
Download: ML19290C012 (10)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: S S

HOUSTON LIGHTING & POWER S NRC DOCKET NOS. 50-498A COMPANY, THE CITY OF SAN S 50-499A ANTONIO, THE CITY OF AUSTIN,S and CENTRAL POWER AND LIGHT S COMPANY S (South Texas Project, Unit S Nos. 1 and 2) S S

TEXAS UTILITIES GENERATING S NRC DOCKET NOS. 50-445A COMPANY, ET AL. S 50-446A (Comanche Peak Steam S Electric Station, S Unit Nos. 1 and 2) S (Consolidated for Discovery)

MOTION FOR MODIFICATION OF PROTECTIVE ORDER Central and South West Corporation, Central and South West Services, Inc., Central Power and Light Company (" CPL"),

West Texas Utilities Company ("WTU") , Public Service Company of Oklahoma ("PSO") and Southwestern Electric Power Company

("SWEPCO") (collectively "the Movants") , pursuant to 10 C.F.R.

SS2.740(c) and 2.790 (b) (6) , move for the modification of a Protective Order previously entered concerning the disclosure of certain documents and information which Movants have been requested to produce or disclose by Houston Lighting and Power Company ("HLP"). Since certain of these documents and infor-mation may also be made available to the United States Depart-ment of Justice ("DOJ") , Movants request that the Protective 1730 147

((8001090036

Order previously entered herein, as appropriately modified in accordance with this Motion, be made applicable to the documents and information disclosed to the DOJ, and be made binding on the DOJ.

This Board has previously entered, on March 23, 1979, a Protective Order governing the production of documents by CPL, WTU, PSO and SWEPCO to HLP in response to interroga-tories and request for production of documents filed by HLP.

On December 11, 1979, this Board entered a " Modification of Protective Order" which modified the March 23 Order to in-clude documents produced by Central and South West Corporation and Central and South West Services, Inc., and to include an additional category of documents considered as " confidential" consisting of "all documents and information referring or relating to or setting forth the current or future terms and conditions of gas or other fuel supply to any Movant, in-cluding entitlements, ownership interests or any other form of control of or access to gas or other fuel." Movants now request that the March 23 Order, as amended, be made binding on the DOJ and be modified to include, as para-graph 9, a provision that "nothing in this Order shall prevent the Department of Justice from disclosing documents produced under the terms of this Order that indicate any violation of law or st atune to the agency of the Federal The December 11 Order also made the March 23 Order, as modified, binding on the Texas Utilities Generating Company and its affiliates.

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Government authorized to prosecute such violation; provided that Movants be given ten (10) days written notice prior to the disclosure of such documents outside of the Antitrust Division of the Department of Justice or the Office of the Attorney General. It is understood that before seeking judicial relief, respondent will consult the Department in an effort to reach an agreement concerning the appropriate protection of such materials."

WHEREFORE, Movants respectfully request that this Board enter an order expanding the terms of the Protective Order previously entered on March 23, 1979, as amended, as set forth herein. Movants have been authorized to represent that the DOJ has no objection to the modification requested herein.

Respectfully submitted, ISHAM, LINCOLN & BEALE By - / // .

Attorney or central and South W Corporation, et al.

Isham, Lincoln & Beale 1050 17th Street, N.W.

Suite 701 Washington, D.C. 20036 1730 149 Dated: December 19, 1979

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NUCLEAR REGULATORY COMMISSION , -/

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In the Matter of: S S

HOUSTON LIGHTING & POWER S NRC DOCKET NOS. 50-498A COMPANY, THE CITY OF SAN S 50-499A ANTONIO, THE CITY OF AUSTIN, S and CENTRAL POWER AND LIGHT $

COMPANY S (South Texas Project, Unit S Nos. 1 and 2) S S

TEXAS UTILITIES GENERATING S NRC DOCKET NOS. 50-445A COMPANY, ET AL.

S 50-446A (Comanche Peak Steam S Electric Station, S Unit Nos. 1 and 2) S (Consolidated for Discovery)

MODIFICATION OF PROTECTIVE ORDER On March 23, 1979, this Board entered a Protective Order governing the production of documents by Central Power

& Light Company (" CPL") , West Texas ' Utilities Company ("WTU"),

Public Service Company of Oklahoma ("PSO"), and Southwestern Electric Power Company ("SWEPCO"), to Houston Lighting & Power Company ("HLP"), in response to Interrogatories and Requests for Production of Documents filed by HLP. On December 11, 1979 this Board entered a " Modification of (the March 23) Pro-tective Order". CPL, WTU, PSO and SWEPCO, along with the Central and South West Corporation and Central and South West Services, Inc., have filed a further Motion for Modi-fication of Protective Order in which it was represented 1730 150

that certain of the documents and information which HLP has requested may also be disclosed to the United States Department of Justice ("DOJ"). That Motion specifically requested that the March 23, 1979 Protective Order, as modified, should be made applicable to and binding on the DOJ, and include an additional paragraph concerning the circumstances under which the DOJ may disclose otherwise

" confidential" documents.

For good cause shown, it is therefore ordered that the Protective Order previously entered by this Board in this matter on March 23, 1979, as modified by our December 11 Order, (a) is made binding on the United States Department of Justice; and (b) is modified to include, as paragraph 9, the following: "Nothing in this Order shall prevent the Department of Justice from disclosing documents produced under the terms of this 'rder that indicate any violation of law or statute to the agency of the Federal Government authorized to prosecute such violation; provided that Movants be given ten (10) days written notice prior to the disclosure of such documents outside of the Antitrust Division of the Department of Justice or the Office of-the Attorney General. It is understood that before seeking judicial relief, respondent will consult the Department in an effort to reach an agreement concerning the appropriate protection 1730 151

of such materials.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Dated at Bethesda, Maryland:

December , 1979 1730 152

UNITED STATES OF AMERICA 1;UCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of: S S

HOUSTON LIGHTING & POWER S NRC DOCKET NOS. 50-498A COMPANY, THE CITY OF SAN S 50-499A ANTONIO, THE CITY OF AUSTIN, S AND CENTRAL POWER AND LIGHT S COMPANY S (South Texas Project, S Unit Nos. 1 and 2) S S

TEXAS UTILITIES GENERATING S NRC DOCKET NOS. 50-445A COMPANY, ET AL. S 50-446A (Comanche Peak Steam Electric S Station, Unit Nos. 1 and 2) S CERTIFICATE OF SERVICE I, David M. Stahl, hereby certify that copies of the foregoing Motion for Modification of Protective Order were served upon the following listed persons by deposit in the United States mail, first class postage prepaid, on this 19th day of December, 1979.

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Marshall E. Miller, Esq. Roy P. Lessy, Jr., Esq.

U.S. Nuclear Regulatory Commission Michael B. Blume, Esq.

Washington, D.C. 20555 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Michael L. Glaser, Esq.

1150 17th Street, N. W. William C. Price -

Washington, D. C. 20036 Chairman and Chief Executive Officer Sheldon J. Wolfe, Esq. Central Power & Light Co.

U.S. Nuclear Regulatory Commission P. O. Box 2121 Washington, D.C. 20555 Corpus Christi, Texas 78403 Atomic Safety and Licensing G. K. Spruce, Gen. Manager Appeal Board Panel City Public Service Board U.S. Nuclear Regulatory Commission P. O. Box 1771 Washington, D. C. 20555 San Antonio, Texas 78203 Chase R. Stephens (20) Mr. Perry G. Brittain Docketing and Service Section President U.S. Nuclear Regulatory Commission Texas Utilities Generating Co.

Washington, D. C. 20555 2001 Bryan Tower Dallas, Texas 75201 Jerome D. Saltzman Chief, Antitrust and Indemnity Group R. L. Hancock, Director U.S. Nuclear Regulatory Commission City of Austin Electric Utility Washington, D.C. 20555 P. O. Box 1088 Austin, Texas 78767 J. Irion Worsham, Esq.

Merlyn D. Sampels, Esq. G. W. Oprea, Jr.

Spencer C. Relyea, Esq. Executive Vice President Worsham, Forsythe & Sampels Houston Lighting & Power Co.

2001 Bryan Tower, Suite 2500 P. O. Box 1700 Dallas, Texas 75201 Houston, Texas 77001 Jon C. Wood, Esq. Michael I. Miller, Esq.

W. Roger Wilson, Esq. James A. Carney, Esq.

Matthews,.Nowlin, Macfarlane & Barrett Isham, Lincoln & Beale 1500 Alamo National Building One First National Plaza San Antonio, Texas 78205 Chicago, Illinois 60603 Morgan Hunter, Esq.

J. A. Bouknight, Esq. Bill D. St. Clair, Esq.

Bill Franklin, Esq. McGinnin, Lockridge & Kilgore Lowenstein, Newman, Reis, Axelrad Fifth Floor, Texas State

& Toll Bank Building 1025 Connecticut Avenue, N. W. 900 Congress Avenue Washington, D. C. 20036 Austin, Texas 78701 R. Gordon Gooch, Esq. Don R. Butler, Esq.

Baker & Botts 1225 Southwest Tower 1701 Pennsylvania Avenue, N. W. Austin, Texas 78701 Washington, D. C. 20006 1730 154

Jbrry L. Harris, Esq. W. S. Robson Richard C. Balough, Esq. General Manager City of Austin South Texas Electric P. O. Box 1088 Cooperative, Inc.

Austin, Texas 78767 Route 6, Building 102 Victoria Regional Airport Joseph B. Knotts, Jr., Esq. Victoria, Texas 77901 Nicholas S. Reynolds, Esq.

Debevoise & Liberman Robert C. McDiarmid, Esq.

1200 17th Street, N. W. Robert A. Jablon, Esq.

Washington, D. C. 20036 Marc R. Poirier Speigel & McDiarmid Don H. Davidson 2600 Virginia Avenue, N.W.

City Manager Washington, D. C. 20036 City of Austin P. O. Box 1088 Kevin B. Pratt Austin, Texas 78767 Texas Attorney General's Office P. O. Box 12548 Jay Galt, Esq. Austin, Texas 78711 Looney, Nichols, Johnson & Hays 219 Couch Drive William H. Burchette, Esq.

Oklahoma City, Oklahoma 73102 Frederic H. Ritts, Esq.

Law Offices of Northcutt Ely Knoland J. Plucknett Watergate Building Executive Director Washington, D. C. 20037 Committee on Power for the Southwest, Inc. Wheatley & Wolleson 5541 East Skelly Drive 1112 Watergate Office Bldg.

Tulsa, Oklahoma 74135 2600 Virginia Avenue, N.W.

Washington, D. C. 20037 John W. Davidson, Esq.

Sawtelle, Goods, Davidson & Tiolo Joseph Rutberg, Esq.

• 1100 San Antonio Savings Building Antitrust Counsel San Antonio, Texas 78205 Counsel for NRC Staff U.S. NRC Washington, D. C. 20555 Douglas F. John, Esq. Linda L. Aaker, Esq.

Akin, Gump, Hauer & Feld Asst. Attorney General 1333 New Hampshire Avenue, N. W. P. O. Box 12548 Suite 400 Capitol Station Washington, D. C. 20036 Austin, Texas 78711 W. N. Woolsey, Esq. Robert M. Rader Dyer and Redford Conner, Moore & Corber 1030 Petroleum Tower 1747 Pennsylvania Ave., N.W.

Corpus Christi, Texas 78474 Washington, D.C. 20006 Donald Clements Melvin G. Berger, Esq.

Gulf States Utilities Company Ronald Clark, Esq.

P. O. Box 2951 Antitrust Division, Energy Beaumont, Texas 77704 Section Room 8308 414 lith Street, N.W.

Washington, D.C. 20530 2 -1730 155

. Charles G. Thrash, Jr., Esq. Joseph J. Saunders, Esq.

E. W. Barnett, Esq. Chief, Public Counsel &

Theodore F. Weiss, Esq. Legislative Section J. Gregory Copeland, Esq. Antitrust Section Baker & Botts U.S. Department of Justice 3000 One Shell Plaza P. O. Box 14141 Houston, TX 77002 Washington, D.C. 20044 Donald A. Kaplan, Chief Robert E. Bathen Robert Fabrikant, Asst. Chief R. W. Beck & Associates Energy Section P. O. Box 6817 Antitrust Division Orlando, Florida 82853 U.S. Department of Justice Washington, D.C. 20530 Mr. G. Holman King West Texas Utilities Company Nancy Luque P. O. Box 841 Susan B. Cyphert Abilene, TX 79604 Ronald H. Clark Frederick H. Parmenter John Carney, Esq.

Antitrust Division Weil, Gotshal & Manges Energy Section 767 Fifth Avenue U. S. Department of Justice New York, NY 10022 Room 8413 414 llth Street, N.W.

Washington, D.C. 20530 NAi -

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