ML19296D703
| ML19296D703 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 03/05/1980 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | DOW CHEMICAL CO., JUSTICE, DEPT. OF |
| References | |
| NUDOCS 8003130030 | |
| Download: ML19296D703 (6) | |
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UNITED STATES OF AMERICA QR NUCLEAR REGULATORY COMMISSION E'
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In the Matter of
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EL-HOUSTON LIGHTING AND POWER COMPANY, ET AL. )
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Docket Nos. 50-498A (South Texas Project,
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50-499A Units 1 and 2)
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TEXAS UTILITIES GENERATING COMPANY, 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)
)
PROTECTIVE ORDER (March 5, 1980)
It is hereby stipulated by and between the Department of Justice ("DOJ") and The Dow Chemical Company ("Dow Chemical"),
and any other undersigned parties, by their respective counsel, that an Order may be entered as follows:
WHE REAS, documents and information may be produced, exhibited, or provided by Dow Chemical in connection with the captioned proceedings or related proceedings, which material relates to trade secrets or other confidential commercial information, the release or disclosure of which to third parties could cause Dow Chemical serious financial damage; WHE REFO RE, IT IS HEREBY ORDERED THAT:
1.
Ccnfidential business information for purposes of this Order is information which concerns or relates to the trade secrets or other confidential business plans, procedures, rela-tionships or arrangements, of any kind which if disclosed have n003130c050
,t
. the potential of causing substantial harm to the competitive position of Dow Chemical and as to which Dow Chemical could claim confidential treatment under 10 CFR SS2.740(c) and 2.790.
2.
Any information submitted in this proceeding which is asserted by Dow Chemical to contain or constitute such confi-dential business information shall be so designated in writing, and shall be segregated from other information being submitted.
Documents shall be clearly and prominently marked on their face with the legend:
"DOW CONFIDENTIAL," on a comparable notice.
Such information shall be disclosed at any hearing only in camera before the Nuclear Regulatory Commission
(" Commission"),
the Atomic Safety and Licensing Board
(" Board") or the officer presiding over this proceeding.
3.
In the absence of written permission from Dow Chemical or an order by the presiding officer, any confidential documents or business information submitted 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 and those assisting counsel for such parties, including necessary secretarial, paralegal, and clerical personnel; (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 Commission, the Licensing Board, the presiding officer, or the Commission's staff.
t 4.
Confidential business information submitted in accor-dance with the provisions of paragraph 2 above shall not be made avail'l e 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; provided, however, that nothing in this Order shall prc7ent DOJ from disclosing documents produced under the terms of this Order that indicate any violation of statute or law to that agency of the Federal Government author-i=ed to prosecute such violaticn.
5.
If the Commission or the Board 3rders, or if Dow Chemical agrees, that access to or dissemination of, information submitted as confidential business information shall be made to persons not included in paragraph 3 above, such matter shall only be accessible to, or disseminated to, such persons based upon the conditions pertaining to, and obligations arrising from this Order, and such persons shall be considered subject to it.
6.
Any confidential business information, submitted to the Commission, Board or the presiding officer in connection 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 proceeding containing any confidential business
t 4-information submitted pursuant to paragraph 2 above shall be bound separately and filed under seal.
When any confidential business information submitted in accordance with paragraph 2 above is 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 "DOW CONFIDENTIAL."
Before a court reporter receives any such information, 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 agreement shall be provided to Dow Chemical.
7.
The Commission's staff shall take all necessary and proper steps to preserve the confidentiality of, and to protect Dow Chemical's rights,,with respect to, any confidential business information designated by Dow Chemical in accordaoce with para-graph 2 above, including, without limitation, (a) notifying Dow Chemical promptly 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 Freedom of Information Act, as amended (5 U.S.C.
552),
and (ii) any proposal to declassify or make public any such confidential business information; and (b) providing Dow Chemical at least seven days after receipt of such inquiry or request within which to take action before the Commission, 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 8.
If confidential business information submitted 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 must immediately bring all pertinent facts relating to such disclosure to the attention of Dow Chemical and the presiding officer and, without prejudice to other rights and remedies of Dow Chemical,make every effort to prevent further disclosure by him or by the person who was the recipient of such information.
9.
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 the matters contained herein; provided, however, that before seeking judicial relief, Dow Chemical will consult with DOJ in an ef fort to reach an agree-ment concerning the appropriate protection of such materials.
10.
Upon final termination of this proceeding, each person that is subject to this Order shall assemble and return to Dow Chemical all items containing confidential business information submitted 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 attorney's work 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
l returned to Dow Chemical shall be acknowledged in writing.
This paragraph shall not apply to the Commission, the Board, the presiding officer and the NRC staff, which shall retain such material pursuant to statutory requirements and for other recordkeeping purposes, but may destroy those additirnal copies in its possession which it regards as surplusage.
FOR THE ATOMIC SAFEY AND LICENSING BOARD k6 wYIr Marshall E. Miller, Chairman Dated at Bethesda, Maryland this 5th day of March 1980.