ML19294B640
| ML19294B640 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 02/26/1980 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | JUSTICE, DEPT. OF, TEXAS UTILITIES CO. |
| References | |
| NUDOCS 8003050190 | |
| Download: ML19294B640 (5) | |
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s UNITED STATES OF AMERICA D
NUCLEAR REGULATORY COMMISSION 9
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THE ATOMIC SAFETY AND LICENSING BOARD O
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f Marshall E. Miller, Esquire, Chairman 3
Michael L. Glaser, Esquire, Member co Sheldon J. Wolfe, Esquire, Member In the Matter of
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HOUSTON LIGHTING & POWER COMPANY, et al.
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Docket Nos. SC-498A (South Texas Proj ect,
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50-499A Unter 1 and 2)
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TEXAS UTILITIES GENERATING COMP.dY, et al. )
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Docket Nos. 50-445A (Comanche Peak Steam Electric Station,
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50-446A Units 1 and 2)
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PROTECTIVE ORDER (February 26, 1980)
At the deposition of Mr. Leon Loveless, a Vice President of Texas Power & Light Company (TP&L), on December 7, 1979, the Depart-ment of Justice (Justice) requested the gas supply contracts between TP&L and Lone Star Gas Company and the gas supply contracts between TP&L and Exxon Corporation.
Similarly, at the deposition of Mr. Gerson Berman, another Vice President of TP&L, on December 10, 1979, Justice requested the budgets for new transmission lines of TP&L for the last five years (1975-1979).
Justice subsequently expanded the latter request to include the budgets for n,ew transmis-sionlinesof.Dalle, Power &LightCompanyandTexasElActricService Company.
All these companies are part of the Tsxas Utilities Company System (TU).
TUhasallegedthatthesedocumentsareofaconfide6t}ial or proprietary nature, the release or disclosure of which.to third--
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2-parties could seriously impair TU's relationship with other utilities.
Attorneys for TU have negotiated this Protective Order with Justice, and Justice has agreed to the entry of this Order protecting the confidentiality of the aforementioned information and documents designated by TU as " Confidential," provided, however, that Justice may challenge the claimed confidentiality of any documents or information for which TU seeks protection.
WHEREFORE, IT IS ORDERED that the aforementioned documents produced by TU to Justica for inspection and copying and designated as " Confidential" shall be subj ect to the following restrictions :
1.
Confidential documents and information therein shall not be disclosed to any person other than (a) counsel for parties to this proceeding and those assisting counsel for such parties, including necessary secretarial, paralegal and clerical personnel; (b) independ-ent consultants and technical experts and their staff who are assisting counsel in connection with this litigation; (c) qualified court reporters involved in reporting matters in this litigation; and (d) the Nuclear Regulatory Commission (Commission), the Atomic Safety and Licensing Board (Board), the presiding officer or Commis-sion's Staff.
2.
Confidential documents and information contained therein shall not be made available to any person designated in paragraph 1(b) unless they shall have first read this Order and shall have agreed, in writing (a) to be bound by the terms thereof, (b) not to reveal such confidential documents and information solely for the purpose
. of this proceeding; provided, however, that nothing in this Order shall prevent Justice from disclosing documents produced under the terms of this Order that indicate any violation of law or statute to the agency of the Federal Government authorized to prosecute such violation; but further provided, that TU be given ten (10) days written notice prior to the disclosttre 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, the furnishing party will consult Justice in an effort to reach an agreement concerning the appropriate protection of such materials.
3.
If the Commission or the Board orders that access to or dissemina-tion of confidential documents and information defined above shall be made to persons not included in paragraph 1 above, such matter shall only be accessible to, or disseminated to, such persons based upon the conditions pertaining to, and the obligations arising from this order, and such persons shall be considered subject to it.
4.
Any portion of a transcript in connection with this proceeding containing any confidential documents or information contained therein shall be bound separately and filed under seal.
When any confidential documents or information contained therein are included in an authorized transcript of a deposition or exhibits thereto, arrangements shall be made with the court reporter taking the deposition to bind such confidential portions and separately label them " TEXAS UTILITIES, CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER."
Before a court reporter receives any such document or information, he or she shall have agreed in writing to be bound by the terms thereof.
5.
Any confidential document or information defined above is to be treated as such within the meaning of 5 U.S.C. S 522(b) (4) and 18 U.S.C.
S1905, subject to a final ruling, after notice, by the Commission, Board, the presiding officer, or the Commission's
. Freedom of Information Act Officer to the contrary, or by appeal of such a ruling, interlocutory or otherwise.
6.
If confidential documents or information are disclosed to any person other than in the manner authorized by this Protective Order, the person resconsible for the disclosure must imraediately bring all pertinent facts relating to such disclosure to the attention of counsel for TU and the presiding officer, and without prejudice to other rights and remedies of TU, make every effort to prevent further disclosure by counsel or by the person to whom the document or information was communicated.
7.
Nothingin this Order shall affect the admissibility into evidence of confidential documents or information defined above, or 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 Commission, its Freedom of Information Act Officer, the Board of the presiding officer concerning the issue of the status of confidential business information.
8.
Upon final termination of this proceeding, each person that is subject to this Order shall assemble and return to counsel for TU all confidential documents and information contained therein, including all copies of such matter which may have been made, but not including copies containing notes or other attorney's work-product that may have been placed thereon by counsel for the receiving party.
This paragraph shall not apply to the Commission, the Board, the presiding office or the Sommission's Staff, which shall retain such material pursuant to statutory requirements and for cther record keeping purposes, but may destroy those additional copies in its possession which regards as surplusage.
A copy of this Order shall be served on all parties.
It is so ordered.
FOR THE ATOMIC SAFETY AND LICENSING BOARD bub b ??) h, f
'A Mirshall E. Miller, Chairman Dated at Bethesda, Maryland this 26th day of February 1980.