ML19322E308
| ML19322E308 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 02/22/1980 |
| From: | Lessy R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Copeland J BAKER & BOTTS |
| Shared Package | |
| ML19322E289 | List: |
| References | |
| NUDOCS 8003270147 | |
| Download: ML19322E308 (10) | |
Text
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February 22, 1980 l
J. Gregor.7 Copeland Bakce t. Botts One Shell Plaz2 nouston, Texas 77002 ll' Re:
Houston Lighting a Power Company, Scuth Texas Project, !! nits.' os.1 4 2 l
hRC Okt. ?!os. 50-M?A and 50199A:
Texas Utilities Nncrating Cc nny, i
l et al., Cenanche Peak Stem Iloctric j
Station, !! nits 1 and 2, ?;P.C Docket Hos. 50 34EA and 50 a*EA
Dear !!r. Copeland:
On !!ay 2,1979, we agreed that the Staff ::culd review 2xcrats fron a Housten Lig'1 ting ?. c :er Co nany cernorats s:tdy cr.titicd "1973 Cer:: rate 1
5t:ti;l I." Our unde:stanaing Pas teen trorialized in ycur letter to na of ay 2,1373.
Pursuar.t to our und:rstandir.0, the !ttff is new desirous of reviewing the entire study, i7 eluding any updates or su,rplccants.
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If arran:crants nrei to be storted out to protect any portions of the study which cre stili car. fide.tial, picase contact i'ossrs. Chanania or i
Blu o in that rccard.
.I 1
j Kind regards.
, Sincerely, P.oy P. Lessy, Jr.
Counsel for fiFC Staff h
e-J:
gu Ohg) 8003270
\\N
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARO In the Matter of
)
)
HOUSTON LIGHTING & POWER COMPANY
) NRC Docket Nos. 50-498A 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 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 Compa y."
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.
g, Attorneys for Staff have requested the imposition of this Protective Order to speed production of the documents designated by Houston as " confidential,"
provided, however, that any party may challenge the claimed confidentiality
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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 fran 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, 7,
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 dissemination of confidential documents and information defined above 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 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 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.
Any 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. E1905, 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.
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6.
If confidential documents or information are disclosed to any person I
l other than in the manner authorized by this Protective Order, the person l
responsible for the disclosure must imediately bring all pertinent facts relating.;.,.,
i 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
Y effort to prevent further disclosure by counsel or by the person to whom the document er information was communicated.
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 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 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
- s.
Dated at Bethesda, Maryland this day of March 1980.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
HOUSTON LIGHTING & POWER COMPANY
)
NRC Docket Nos. 50-498A 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)
)
STIPULATION It is hereby stipulated and agreed by the individuals whose signatures appear i
below that they have read the " Protective Order" issued by the Atomic Safety and Licensing Board presiding over the above-captioned proceedings, which Order relates to the production of documents by Houston Lighting & Power Company in accordance with that Board's Order Compelling Supplemental Responses, and they hereby agree in writing:
1.
To be bound by the terms of aforesaid Order; and 2.
Not to reveal confidential business information submitted in accordance with the provisions of aforesaid Order to anyone other than persons designated in the aforesaid Order; and 3.
To utilize such confidential business information solely for purposes of the above-captioned proceedings.
Dated:
Dated:
Dated:
Dated:
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
HOUSTON LIGHTING & POWER COMPANY
)
NRC Docket Nos. 50-498A PUBLIC SERVICE BOARD OF SAN ANTONIO )
50-499A CITY OF AUSTIN
)
i CENTRAL POWER AND LIGHT COMPANY
)
(South Texas Project, Unit Nos.
)
1 and 2)
)
l
)
TEXAS UTILITIES GENERATING
)
NRC Docket Nos. 50-445A COMPANY, et al.
)
50-446A (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE l
I hereby certify that copies of NRC STAFF'S MOTION TO COMPEL SUPPLEMENTAL RESPONSES BY HOUSTON LIGHTING & POWER COMPANY in the above captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 14th day of March 1980.
Marshall E. Miller, Esq., Chairman Donald A. Kaplan, Esq.
Atomic Safety and Licensing Board Panel Susan B. Cyphert U.S. Nuclear Regulatory Commission Nancy A. Luque Washington, D. C.
20555 Frederick H. Parmenter, Esq.
David A. Dopsovic, Esq.
Michael L. Glaser, Esq.
P. O. Box 14141 1150 Seventeenth Street, N.W.
Washington, D. C.
20044 Washington, D. C.
20036 Mr. William C. Price Sheldon J. Wol fe, Esq.
Central Power & Light Co.
Atomic Safety and Licensing Board Panel P. O. Box 2121 U.S. Nuclear Regulatory Commission Corpus Christi Texas 78403 Washington, D. C.
20555 G. W. Oprea, Jr.
Atomic Safety and Licensing Board Executive Vice President U.S. Nuclear Regulatory Commission Houston Lighting & Power Company Washington, D. C.
20555 P. O. Box 1700 Houston, Texas 77001 Docketing and Service Section Office of the Secretary Robert E. Bathen U.S. Nuclear Regulatory Commission R. W. Beck & Associates f.
Washington, D. C.
20555 P. O. Box 6817
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Orlando, Florida 32803 R. L. Hancock, Director City of Austin Electric Utility Somervell County Public Library P. O. Box 1088 P. O. Box 417 Austin, Texas 78767 Glen Rose, Texas 76043 I
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O R. Gordon Gooch, Esq.
Robert Lowenstein, Esq.
John P. Mathis, Esq.
J. A. Bouknight, ESq.
Steven R. Hunsicker, Esq.
William J. Franklin, Esq.
Baker & Botts Peter G. Flynn, Esq.
Suite 300 Douglas G. Green, Esq.
1701 Pennsylvania Avenue, N.W.
Lowenstein, Newman, Reis, Axelrad Washington, D. C.
20006
& Toll 1025 Connecticut Avenue, N.W.
J. K. Spruce, General Manager Washington, D.C.
20036 City Public Service Board P. O. Box 1771 Jerry L. Harris San Antonio, Texas 78203 Richard C. Balough Dan H. Davidson, City Manager Robert C. McDiarmid, Esq.
City of Austin Robert A. Jablon, Esq.
P. O. Box 1088 George Spiegel Esq.
Austin, Texas 78767 David A. Giacalone, Esq.
Marc R. Poirier, Esq.
Jerome Saltzman, Chief Spiegel & McDiarmid Antitrust & Indemnity Group 2600 Virginia Avenue, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C.
20037 Washington, D. C.
20555 Jon C. Wood, Esq.
Jay Galt, Esq.
W. Roger Wilson, Esq.
Jack P. Fite. Esq.
Matthews, Nowlin, Macfarlane Looney, Nichols, Johnson & Hayes
& Barrett 219 Couch Drive 1500 Alamo National Building Oklahoma City, Oklahoma 73102 San Antonio, Texas 78205 Merlyn D. Sampels, Esq.
Mr. W. N. Woolsey Jos. Irion Worsham, Esq.
Kleberg, Dyer, Redford & Weil Spencer C. Relyea, Esq.
1030 Petroleum Tower Worsham, Forsythe & Sampels Corpus Christi, Texas 78474 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 Dick Terrell Brown, Esq.
800 Milam Building Morgan Hunter, Esq.
San Antonio, Texas 78205 McGinnis, Lochridge & Kilgore Fifth Floor. Texas State Bank Building E. William Barnett, Esq.
900 Congress Avenue Charles G. Thrash, Jr., Esq.
Austin, Texas 78701 Melbert D. Schwarz, Esq.
Theodore F. Weiss, Esq.
Joseph B. Knotts, Esq.
I J. Gregory Copeland, Esq.
Nicholas S. Reynolds, Esq.
Baker & Botts C. Dennis Ahearn, Esq.
3000 One Shell Plaza Debevoise & Liberman Houston, Texas 77002 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 9
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- Douglas F. John, Esq.
Donald M. Clements, Esq.
McDermott, Will and Emery Gulf States Utilities Company 1101 Connecticut Avenue, N.W.
P. O. Box 2951 Suite 1201 Beaumont, Texas 77704 Washington, D. C.
20036 Robert M. Rader, Esq.
Don R. Butler, Esq.
Conner, Moore & Corber 1225 South West Towers 1747 Pennsylvania Avenue, N.W.
Austin, Texas 78701 Washington, D.C.
20006
)
John W. Davidson, Esq.
Sawtelle, Goode, Davidson & Troilo Mr. G. Holman King 1100 San Antonio Savings Building West Texas Utilities Co.
San Antonio, Texas 78205 P. O. Box 841 Abilene, Texas 79604 Linda Aaker Attorney General's Office State of Texas P. O. Box 12648 Austin, Texas 78711 James E. Monahan Executive Vice President and General Manager Brazos Electric Power Cooperative, Inc.
P. O. Box 6296 Waco, Texas 76706 Frederick H. Ritts, Esq.
William H. Burchette, Esq.
Law Offices of Northcutt Ely Watergate 600 Building
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[, )( Il'
,2 -
/ub2 Washington, D. C.
20037 a w4 Michael I. Miller, Esq.
Fredric D. 'Clianania James A. Carney, Esq.
Counsel for NRC Staff Sarah N. Welling, Esq.
Isham, Lincoln & Beale 4200 One First National Plaza Chicago, Illinois 60603 David M. Stahl, Esq.
Isham, Lincoln & Beale Suite 701 105017th Street, N.W.
Washington, D. C.
20036 Maynard Human, General Manager Western Farmers Electric Cooperative f.
P. O. Box 429
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Anadarko, Oklahoma 73005
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