ML19309C993
| ML19309C993 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 03/31/1980 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | HOUSTON LIGHTING & POWER CO. |
| References | |
| NUDOCS 8004090456 | |
| Download: ML19309C993 (4) | |
Text
- \\
f A
UNITED STATES OF AMERfCA Decu p,.
NUCLEAR REGULATORY COMMISSION S
t.t.fg g
2 fog j f ATOMIC SAFETY AND LICENSING BOARD e ffh'.37 Eg In the Matter of
)
M p HOUSTON LIGHTING & POWER COMPANY
) NRC Docket Nos. 50-498A N
PUBLIC SERVICE BOARD OF SAN ANTONIO
)
50-499A CITY OF AUSTIN
)
CENTRAL POWER AND LIGHT COMPANY
)
(South Texas Project, Unit
)
Nos. 1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
NRC Docket Nos. 50-445A COMPANY, et al.
)
50-446A (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
PROTECTIVE ORDER (March 31, 1980)
On January 15, 1979 the NRC Staff filed and served its " Initial Interroga-tories and Requests for Production of Documents Propounded to Houston ' Light-ing & Power Company and Texas Utilities Generating Company."
Pursuant to agreement of counsel for Staff and Houston, excerpts of and references to a
" Corporate Study" were produced in lieu of full production of assertedly confidential business information. Staff on February 22, 1980 requested full production, under protective order if necessary, but has received no response from Counsel for HL&P.
On March 14, 1980 Staff filed a " Motion to Compel Supplemental Responses By Houston Lighting & Power Company," and requested the entry of a protective order to shield the sensitive nature of the confidential portions of and any references to the HL&P " Corporate Study,"
and any supplements thereto.
HL&P has alleged that these documents are of a confidential or proprietary nature, the release or disclosure of which to third parties could seriously impair HL&P's relationship with others.
Attorneys for Staff have requested the imposition of this Protective Order 1
to speed production of the documents designated by Houston as " confidential,"
provided, however, that any party may challenge the claimed confidentiality ggy/090'/S6
2-of any documents or information for which HL&P seeks protection.
WHEREFORE, IT IS ORDERED that the aforementioned documents produced by Houston to Staff for inspection and copying and designated as " Confidential" shall be subject to the following restrictions:
1.
Confidential documents and information therein shall not be dis-closed 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) independent 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 Commission'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 infor-mation solely for the purpose of this proceeding; provided, however, that nothing in this Order shall prevent any party from disclosing documents pro-duced 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 Houston be given ten (10) days written notice prior to the disclosure of such documents outside of the NRC Staff, the Antitrust Division of the Department of Justice, or the Office of the
-Attnrney 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 dissemination of confidential documents and information defined abeve shall be made to persons not included in paragraph 1 above, such matter shall only be access-ible to, or disseminated to, such persons based upon the concitions 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 con-taining 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 re-porter taking the deposition to bind such confidential portions and separately
~
label them " Houston Lighting & Power Co.,
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.
Anh confidential document or information defined above is to be treated as such within the meaning of 5 U.S.C. 5522(b)(4) and 18 U.S.C. 51905, 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, l
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 responsible for the disclosure must immediately bring all pertinent facts relating to such disclosure to the attention of counsel for HL&P and the presiding officer, and without prejudice to other rights and remedies of HL&P, make every
4 effort to prevent further disclosure by counsel or by the person to whom the document or information was ccmmunicated.
7.
Nothing in 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 HL&P all con-fidential documents and information contained therein, including all copies of su'ch 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 officer or the Commission's Staff, which shall retain such material pursuant to statutory requirements and for other 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
~
14 y_l & >//
'Sheldon J. / 31fe, 8
Dated at Bethesda, Maryland Acting Cha'irman this 31st day of March 1980.
i 1