ML19312E522

Motion for Protective Order Re Public Disclosure of Vendor Documents & Info Requested by Jf Doherty.Disclosure May Impair Vendor Competitive Position.Certificate of Svc & Proposed Order Encl

ML19312E522
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	05/13/1980
From:	Biddle C, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8006050085
Download: ML19312E522 (9)

Text

. i

• e) o A .

DOCKETED

p. USNRC )

3 MAY 151980 > C May 13, 1980 Office of the Secretary '9

{ Docketing & Service N UNITED STATES OF AMERICA

$! $ NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER S COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear S Generating Station, Unit S No. 1) ,

S MOTION FOR PROTECTIVE ORDER Houston Lighting & Power Company ("HL&P"),

pursuant to 10 C.F.R. S 2.740 (c) , moves for the issuance of a Pro'ective c Order (attached hereto) concerning the public disclosure of certain documents and information which HL&P has been requested to produce or disclose by Mr. Doherty.

The documents and information requested by Mr.

Doherty relate to or contain information in the possession of the General Electric Company, the NSSS vendor for the Allens Creek Nuclear Generating Station. General Electric Company believes that public disclosure of this inforna-tion would seriously impair its competitive position.

Accordingly, the attache' Protective Order is requested to protect the confidentiality of these documents and to prevent economic injury to General Electric Company.

S,0060500?S

Counsel for HL&P has been authorized by Mr.

Doherty to represent to this Board that he does not object to the entry of a protective order in the form attached hereto.

WHEREFORE, HL&P respectfully requests that this ,

Board enter a protecti7e order as attached hereto.

Respectfully submitted, 0- t?J t OF COUNSEL: J. Gregory Copeland v' C. Thomas Biddle, Jr.

BAKER & BOTTS Darrell Hancock 3000 One Shell Plaza Charles G. Thrash, Jr.

Houston, Texas 77002 3000 One Shell Plaza Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS, Jack R. Newman AXELRAD & TOLL Robert H. Culp 1025 Connecticut Avenue, N.W. David Raskin Washington, D.C. 20036 1025 Connecticut Avenue, N.W.

Washington, D.C.

ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY l

l l

l l

l

o 4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER S COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear S Generating Station, Unit S No. 1) S CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Motion for Protective Order in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this 13th day of May, 1980.

Sheldon J. Wolfe, Esq., Chairman Richard Lowerre, Esq.

Atomic Safety and Licensing Assistant Attorney General Board Panel for the State of Texas U.S. Nuclear Regulatory Commission P. O. Box 12548 Washington, D. C. 20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 350A Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe U.S. Nuclear Regulatory. Commission County Judge, Austin County Washington, D. C. 20555 P. O. Box 99 Bellville, Texas 77418 Mr. Chase R. Stephens Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of the Appeal Board Commission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Wash',ngton, D. C. 20555 R. Gordon Gooch, Esq. - Atomic Safety and Licensing Baker & Botts Board Panel 1701 Pennsylvania Avenue, N. W. U.S. Nuclear Regulatory Washington, D. C. 20006 Commission Washington, D. C. 20555

y. .

Steve Schinki, Esq. Carro Hinderstein Staff Counsel 609 Fannin, Suite 521 U.S. Nuclear Regulatory Commission Houston, Texas 77002 Washington, D. C. 20555 D. Marrack Mr. Bryan L. Baker 420 Mulberry Lane 1118 Montrose Bellaire, Texas 77401 Houston, Texas 77019 Mr. J. Morgan Bishop Stephen A. Doggett, Esq. 11418 Oak Spring P. O. Box 592 Houston, Texas 77043 Rosenberg, Texas 77471 Mr. John F. Doherty Robert S. Framson 4327 Alconbury Madeline Bass Framson Houston, Texas 77021 4822 Waynesboro Houston, Texas 77035 Ms. Brenda McCorkle 6140 Darnell Mr. W. Matthew Perrenod Houston, Texas 77074 4070 Merrick Houston, Texas 77025 Mr. Wayne E. Rentfro P. O. Box 1335 Mr. James M. Scott Rosenberg,' Texas 77471 13935 Ivy Mount Sugar Land, Texas 77478 Mr. F. H. Potthoff 7200 Shady Villa, No. 110 Houston, Texas 77080

(. WD C. Thomas Biddle, Jr . &

. . - , , , . , . _ v._, _ , _ _ . .

N - ~ - - --- - r -

e . . - . ,

I e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Sheldon J. Wolfe, Esquire, Chairman Dr. E. Leonard Cheatum, Member Gustave A. Linenberger, Jr., Member In the Matter of S S

HOUSTON LIGHTING & POWER S COMPANY S Docket No. 50-466 CP S

(Allens Creek Nuclear S Generating Station, Unit S No. 1) 'S.

PROTECTIVE ORDER Intervenor John F. Doherty filed several requests for documents from Applicant seeking the production of documents which Applicant's NSSS. vendor, the General Electric Company, deem to be proprietary. Both HL&P and the General Electric Company are willing to produce these documents to Mr. Doherty for his inspection and copying; however, General Electric believes that certain parts of these documents relate to or contain information which is of a confidential or proprietary nature, the release or disclosure of which to third parties could seriously impair the General Electric Company's relationship with its competitors. Mr. Doherty has not challenged the assertions that these documents are proprietary in nature and has advised that he has no objection to the entry of a Protective Order protecting the confidentiality of the l

e .

following described documents and the information contained therein.

On May , 1980, Applicant filed a Motion for Protective Order, which we herewith grant in the interest of obtaining the document without further delay in the case. In so doing, however, we explicitly decline to find that Applicant, upon behalf of the General Electric Company, or General Electric itself, has met the burden of showing that the document in question and the information contained therein are confidential or proprietary in character and are entitled to protection from public disclosure under the standards set forth in Kansas Gas and Electric Company (Wolf Creek Nuclear Generating Station, Unit No.1) , ALAB-327, 3 NRC 408, 416-18 (1976).

WHEREFORE IT'IS ORDERED that the documents entitled " Test Results Employed by General Electric Company for BWR Containment and Vertical Vent Loads," NEDO 21078-P, "BWR/6 Fuel Design," NEDO 20948-P, and " Core Power Distribution Study (Proprietary) ," and the information containec therein shall be accorded confidential treatment and subject to the following restrictions:

l

l. The foregoing documents and information contained therein shall not be disclosed to any person other than (a) counsel for parties to this proceeding, including necessary secretarial and cle,rical personnel assisting

e-such counsel; (b) qualified persons taking testimony involving such documents or information and necessary stenographic and clerical personnel thereof; (c) independent consultants and technical experts and their staff who are engaged directly in this litigation; and (d) the Commission, the Board, the presiding officer, or Commission's staff.

2. The foregoing documents and information contained therein above shall not be made available to any person designated in Paragraph 1(c) 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 document or information to anyone other than another person designated in Pr..tagraph 1; and (c) to utilize such document and information solely for purposes of this proceeding.

3. If the Commission or the Board orders that access to or dissemination of the foregoing documents and information contained therein 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 obligations arising from this order, and such persons shall be considered subject to it.

l 4. Any portion of a transcript in connection with this proceeding containing the foregoing documents or

( l

r-information contained therein shall be examined in camera and shall be bound separately and filed under seal. If said documents or information 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 portions and separately label them "(Company's Name), BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER."

Before a court reporter receives any such document or information, he or she shall have first read this order and shall have agreed in writing to be bound by the terms thereof.

5. Any documents or information defined above is to be accorded confidential treatment within the meaning of 5 U.S.C. 552 (b) (4) and 18 U.S.C. 1905, subject to a final Commission ruling, after notice, under the Freedom of Information Act or 10 C.F.R. S 2.790.

6. If said documents or information are disclosed to any person other than in the manner authorized by this protective order, the person responsible for the disclosure l

must immediately bring all pertinent facts relating to such disclosure to the attention of counsel for the General l

Electric Company and Houston Lighting & Power Company and i

the presiding officer and, without prejudice to other rights and remedies of the General Electric Company and

[

l Houston Lighting & Power Company, make every effort to l

l

prevent further disclosure by it or by the person who was the recipient of such information.

7. Nothing in this order shall affect the admissibility into evidence of the foregoing documents or information contained therein, or abridge the right of any person to seek judicial review or to pursue other appropriate judicial action with respect to any ruling of the Commission concerning the availability to the public of said business.

8. Upon final termination of this proceeding, each person that is subject to this order shall assemble and return to counsel for Houston Lighting & power Company all documents and information defined 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. 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 st'atutory requirements and for other record keeping purposes, but may destroy those additional copies in its possession which it regards as surplusage.

• IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Dated: May , 1980 Sheldon J. Wolfe, Esq.

Chairman

.