ML19305E295
| ML19305E295 | |
| Person / Time | |
|---|---|
| Issue date: | 04/08/1980 |
| From: | Goldberg J, Sherwood A NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), SOUTHERN CALIFORNIA EDISON CO. |
| To: | |
| Shared Package | |
| ML19305E292 | List: |
| References | |
| PROJECT-564M NUDOCS 8004230302 | |
| Download: ML19305E295 (6) | |
Text
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- a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMiiISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of:
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PACIFIC GAS AND ELECTRIC COMPANY
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Docket No. P-564A (Stanislaus Nuclear Project
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Unit No. 1)
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AGREEMENT AND JOINT STATEMENT OF SOUTHERN CALIFORNIA EDISON COMPANY AND THE STAFF OF THE NUCLEAR REGULATORY COMMISSION Southern California Edison Company (" Edison")
and the Staff of the Nuclear Regulatory Commission (the
" Staff"), acting through their respective counsel, hereby agree as follows in connection with this docket and with a Subpoena Duces Tecum issued by the Atomic Safety and Licensing Board directed to Edison in this docket (the
" Subpoena") and the Opinions and Orders in connection 4
therewith.
1.
Edison shall provide to the Staff a copy of all documents produced to the State of California Department of Water Resources ("DWR") pursuant to a " Joint Statement of Southern California Edison Company and the State of California Department of Water Resources" dated October 26, 1979 and filed in this docket (the " Joint Statement").
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To the e:ctent not provided pursuant to paragraph I hereof, Edison shall provide to the Staff a copy of all documents in its possession, custody or control which (i) are dated between January 1, 1960 and December 31, 1978, (ii) are within the specific areas listed l
in Section 1.4 of the Joint Statement, (iii) are from the r
files of Edison's employees who were, between January 1, 1960 and December 31, 1978, performing the function of l
Chairman of the Board, President, Executive Vice President, Senior Vice President, Vice President of System Development, and from the files of Power Contracts Division, and from the files of Edison's Manager responsible for its relationship with its Resale Cities, and (iv) constitute, report on, or discuss communication between Edison and PG&E, or acts, plans, positions, policies or practices of PG&E.
Edison need not search for documents from the files of its Chairman of the Board, Presidents, Executive Vice Presidents, Senior Vice Presidents and Vice Presidents of System Development if a knowledgeable officer executes a declaration on Edison's behalf to the effect that in"the ordinary course of business a copy of every document in such files satisfying the preceding sentence would have been transmitted to and filed t
in the Power Contracts Division or with the Manager responsible for the Resale Cities; and provided further that Edison produces any such document from such files known to the 2
O declarant not to have been so transmitted and filed.
Edison has not knowingly and shall not move or destroy any documents for the purpose of avoiding production hereunder.
3.
In addition to the copies of documents provided under paragraphs 1 and 2 hereof, Edison shall provide to the Staff (when and if the Staff specifically so requests) a copy of all documents (except routine operating documents) in its possession, custody or control which (i) are dated between January 1, 1960 and July 1, 1979, (ii) refer to or concern the California Power Pool, the Pacific Southwest / Northwest Intertie or transactions between electric utilities in the Pacific Northwest and electric utilities in California, including but not limited to documents related to the Seven Party Agreement, (iii) are from the files of all Edison organizations and (iv) deal with one particular meeting or meetings, exchange of correspondence or similar specific topics.
All of Edison's obligation under this paragraph 3 shall be satisfied when Edison has provided a total of 3,000 documents or when the Staff has made 50 requests (whether such requests have been made together or separately) under this paragraph 3, whichever last occurs.
4.
The Staff shall pay to Edison six cents
($0.06) per page for any and all documents produced by Edison under paragraphs 1, 2 or 3 hereof.
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5.
Edison shall not provide a copy of any documents as to which it claims a privilege; provided, that if a privilege has already been claimed as to a document in a proceeding other than this docket, such document shall only be provided to the Staff if such document was produced by Edison in that other proceeding (i) without claim of privilege or (ii) by or pursuant to a final order or determination denying Edison's claim of privilege.
If a privilege has not already been claimed as to a document in another proceeding, then Edison shall identify such document to the Staff and if the Staff wishes to contest such privilege, the question of privilege shall be determined under applicable law by a Special Master who has been appointed by the Atomic Safety and Licensing Board in this docket.
Such Special Master shall be (i) a disinterested, neutra'l person, (ii) qual 2fied to interpret and apply the applicable rules of evidence, (iii) not be or have been an employee of the State of California, or any o
agency or municipality of the State of California, including the DWR, (iv) not be or have been an employee of any electric utility or subsidiary thereof, and (v) not be or have been a member of, or employed by (on a full-time basis or solely for) any state or federal regulatory body, including the Nuclear Regulatory Commission.
The Staff (but not Edison) hereby waives all and any rights to appeal determinations l
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If the privilege question is, at the time the matter would be submitted to the Special Master, pending before and has been submitted to a judicial or administrative body in another proceeding, that judicial or administrative body's final determination shall govern.
6.
Edison shall have the option of (i) commencing production of documents to the Staff pursuant to Section 2 hereof within sixty (60) calendar days of the date hereof and completing such production within two hundred fifty (250) calendar days of the date hereof or (ii) producing all documents pursuant to Section 2 within one hundred eighty (180) calendar days of the date hereof.
All and any requests by the Staff under paragraph 3 hereof shall be made no later than the close of the evidentiary record in this docket.
7.
Upon the requests of the Staff, Edison shall execute a statement to identify the documents produced pursuant to paragraphs 1, 2 and 3 as true copies from Edison's files.
8.
The Staff shall not require or further seek the production of documents from Edison pursuant to the Subpoena and shall not otherwise seek enforcement of the Subpoena.
The Staff shall not seek by any means (including subpoenas) to compel the production of any other documents j
by Edison in this docket.
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9 DATED: April [,1980 DAVID N. BARRY III.
THOMAS E. TABER EUGENE WAGNER
[
IRWIN F. WOODLAND ARTHUR L. SHERWOOD ROBERT A. RIZZI GIBSON, DUNN & CRUTCHER e
By -
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Arthur L.'Sherwood' l
Attorneys for Southern California Edison Company i
DATED: Aprii
/
,1980 U. S. NUCLEAR REGULATORY COMMISSION STAFF By 8
//
Jack R. Goldberg
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Counsel i
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