ML19322E673
| ML19322E673 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 02/29/1980 |
| From: | Cyphert S JUSTICE, DEPT. OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8004020098 | |
| Download: ML19322E673 (10) | |
Text
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UNITED STATES OF AMERICA ll G.
NUCLEAR REGULATORY COMMISSION MAR 519c0 >
3, Offkeof t!aSe:ntry g'
Ccdatht&Exan Before the Atomic Safety and Licensing Boa
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Cb t 1,Y
In the Matter of
)
HOUSTON LIGHTING & POWER
)
COMPANY, e t al. (South
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Docket Nos. 50-498A Texas Project, Units 1
)
50-499A and 2)
)
)
TEXAS UTILITIES GENERATING
)
COMPANY, et al. (Comanche
)
Docket Nos. 50-445A Peak Steam Electric
)
50-446A Station, Units 1 and 2)
)
MOTION FOR PROTECTIVE ORDER The Department of Justice (" Department"), pursuant to 10 C.F.R. SS2.740(c) and 2.790(b)(6), respectfully moves this Board for the issuance of a Protective Order, attached hereto, concerning the disclosure of certain documents in the possession of the Diamond Shamrock Corporation (" Diamond").
These documents, listed in the proposed Protective Order, are responsive to a subpoena duces tecum issued by this Board to Diamond on January 18, 1980.
Counsel for Diamond has refused to produce these documents without a protective order 1/ since they believe the documents contain confidential and proprietary information and because of Diamond's contractual obligations with the authors, The Pace Company Consultants and Engineers, Inc.
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1/ February 6, 19tn letter from Michael H.
Farrar, Senior Counsel, Diamond to Susan B. Cyphert, Esq., Department.
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8004030096
.- Counsel for Diamond has author; ed the Department to represent to this Board that they have negotiated the attached Protective Order with the Department and have no objection to its entry:
WilEREFORE, the Department respectfully requests that this Board enter the Protective Order attached hereto.
Respectfully submitted, A
' Susan Braden Cyphert E2shington, D. C.
Attorney February 29, 1980 Antitrust Division, Energy Section U.S. Department of Justice (telephone:
202-724-6667) i 1
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IN ih UNITED STATES OF AMERICA ccc:cna NUCLEAR REGULATORY COMMISSION L:mac A
Before the Atomic Safety and Licensing Board MAR 512c0 >
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O!Sescf the seemtsy v
f In the Matter of
)
Urt$'i& Eerna
/
HOUSTON LIGHTING AND POWER )
Docket Nos. 50-498A 30 :4
/
CO., et al. (South Texas
)
50-499A D
r/
/
dd Project, Units 1 and 2)
)
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TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY (Comanche Peak
)
50-446A Steam Electric Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that servict of the foregoing Motion for Protective Order has been made on s :e following parties listed hereto this 29th day of February, 1980, by depositing copies thereof in the United States mail, first class, postage prepaid.
Marshall E. Miller, Esquire Alan S. Rosenthal, Esquire i
Chairman Chairman Atomic Safety & Licensing Board Michael C.
Farrar, Esquire Panel Thomas S.
Moore, Esquire U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Panel Washington, D.
C.
20555 U.S. Nuclear Regulatory Commission Michael L. Glaser, Esquire Washington, D.
C.
20555 1150 17 th Street, N.W.
Washington, D.
C.
20036 Jerome E. Sharfman, Esquire U.S. Nuclear Regulatory Sheldon J. Wolfe, Esquire Commission Atomic Safety & Licensing Board Washington, D. C.
20555 Panel U.S. Nuclear Regulatory Chase R.
Stephens, Secretary Commi,ssion Docketing and Service Branch Washington, D. C.
20555 U.S. Nuclear Regulatory Commission Samuel J. Chilk, Secretary Washington, D. C.
20555 l
Office of the Secretary of the Commission Jerome Saltzman U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group i
Washington, D. C.
20555 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 i
l I
Mr. William C. Price Michael Blume, Esquire Central Power & Light Co.
Fredric D. Chanania, Esq.
P. O. Box 2121 Ann P. Hodgdon, Esq.
Corpus Christi, Texas 78403 U.S. Nuclear Regulatory Commission G. K. Spruce, General Manager Washington, D. C.
20555 City Public Service Board P.O. Box 1771 Jerry L. Harris, Esquire San Antonio, Texas 78203 City Attorney, Richard C. Balough, Esquire Perry G. Brittain Assistant City Attorney President City of Austin Texas Utilities Generating P.O. Box 1088 Company Austin, Texas 78767 2001 Bryan Tower Dallas, Texas 75201 Robert C. McDiarmid, Esquire Robert A. Jablon, Esquire R.L. Hancock, Director Spiegel and McDiarmid City of Austin Electric 2600 Virginia Avenue, N.W.
Utility Department Washington, D.
C.
20036 P. O.
Box 1088 l
Austin, Texas 78767 Dan H. Davidson l
City Manager G.
W. Oprea, Jr.
City of Austin Executive Vice President P. O. Box 1088 Houston Lighting & Power Austin, Texas 78767 Company P. O. Box 1700 Don R. Butler, Esquire Houston, Texas 77001 1225 Southwest Tower Austin, Texas 78701 Jon C. Wood, Esquire W.
Roger Wilson, Esquire Joseph Irion Worsham, Esquire Matthews, Nowlin, Macfarlane Merlyn D. Sampels, Esquire
& Barrett Spencer C. Relyea,,Csquire 1500 Alamo National Building Worsham, Forsythe & Sampels San Antonio, Texas 78205 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 l
David M. Stahl, Esquire l
Isham, Lincoln & Beale Joseph Knotts, Esquire Suite 701 Nicholas S. Reynolds, Esquire 1050 17 th Street, N.W.
Debevoise & Liberman Washington, D. C.
20036 1200 17th Street, N.W.
Washington, D. C.
20036 Michael I. Miller, Esquire l
James A. Carney, Esquire Douglas F. John, Esquire Sarah N. Welling, Esquire Akin, Gump, Hauer & Feld Isham, Lincoln & Beale 1333 New Hampshire Avenue, N.W.
4200 One First National Plaza Suite 400 Chicago, Illinois 60603 Washington, D. C.
20036 l
Morgan Hunter, Esquire Robert Lowenstein, Esquire McGinnis, Lochridge & Kilgore J. A. Bouknight, Esquire 5th Floor, Texas State Bank William J. Franklin, Esquire Lowenstein, Newman, Reis, Building Axelrad & Toll 900 Congress Avenue 1025 Connecticut Avenue, N.W.
Austin, Texas 78701 Washington, D. C.
20036 J ay li. Galt, Esquire E. W.
Barnett, Esquire Looney, Nichols, Johnson Charles G. Thrash, Jr., Esquire
& Hayes J. Gregory Copeland, Esquire 219 Couch Drive Oklahoma City, Oklahoma 73101 Theodore F. Weiss, Jr., Esquire Baker & Botts 3000 One Shell Plaza Knoland J. Plucknett Houston, Texas 77002 Executive Director Committee on Power for the Kevin B. Pratt, Esquire Southwest, Inc.
Assistant Attorney General 5541 East Skelly Drive Tulsa, Oklahoma 74135 P.O. Box 12548 Capital Station John W. Davidson, Esquire Austin, Texas 78711 J
Sawtelle, Goode, Davidson Frederick H. Ritts, Esquire
& Tioilo 1100 San Antonio Savings Law Of fices of Northcutt Ely Watergate 600 Building Building San Antonio, Texas 78205 Washington, D.C.
20037 Donald M. Clements, Esq.
W. S. Robson Gulf States Utilities Company General Manager South Texas Electric P.O. Box 2951 Beaumont, Texas 77704 Coope rative, Inc.
Route 6, Building 102 Victoria Regional Airport Mr. G. Holman King Victoria, Texas 77901 West Texas Utilities Co.
P. O. Box 841 Robert M. Rader, Esquire Abilene, Texas 79604 Conner, Moore & Corber 1747 Pennsylvania Ave., N.W.
W. N. Woolsey, Esquire Washington, D.C. 20006 Kleberg, Dyer, Redford & Weil 1030 Petroleum Tower R. Gordon Gooch, Esquire Corpus Christi, Texas 78474 John P. Mathis, Esquire Steven R. Hunsicker Baker & Botts g
1701 Pennsylvania Avenue, N.W.
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Attorney Washington, D. C.
20006
/ Susan B. Cyphert, Energy Section Antitrust Division Department of Justice 1
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hb UNITED STATES OF AMERICA g
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A NUCLEAR REGULATORY COhMISSION D
7
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cc0'GTED g
CHEC Before the Atomic Safacy and Licensing Boa _
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a 280 > :L th Marshall E. Miller, Esquire, Chairman pr Sheldon J. Wolfe, Esquire, nember CISdS30# N Michael L. Glaser, Esquire, Member D
Cc2%$
S In the Matter of
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- jp/
"O HOUSTON LIGHTING & POWER
)
COMPANY, et al. (South
)
Docket Nos. 50-498A Texas Project, Units 1
)
50-499A and 2)
)
)
TEXAS UTILITIES GENERATING
)
COMPANY, et al. (Comanche
)
Docket Nos. 50-445A Peak Steam Electric
)
50-446A Station, Units 1 and 2)
)
PROTECTIVE ORDER (March 1980)
Pursuant to the stipulation between Diamond Shamrock Corporation (hereinafter " Diamond") and the United States Department of Justice (hereinafter the " Department") by their respective attorneys, IT IS HEREBY ORDERED that the following documents and information and any portions, extracts, summaries thereof (hereinafter " Material") produced (1) by Diamond Shamrock Corporation or (2) by the Department, if such Material originated f rom Diamond Shamrock Corporation,- shall be i
accorded confidential treatment as provided by this order:
1.
Gulf Coa.t Power Forecasts 1979-1990, a publication of The Pace Company Consultants and Engineers, Inc.;
2.
Material entitled " Houston Lighting and Power Rate.
Projection Based on Pace Forecast for Gulf Coast".
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(a)
If a discovery request or subpoena covering the Material is served upon Diamond by a party to this proceeding, Diamond shall before producing the Material requested, mark the Material " confidential" conspicuously on the first page of such Material; If a discovery request or subpoena is served upon the Department by a party to this proceeding requesting Material originating with Diamond, the Department shall notify Diamond tht Material is being requested or subpoenaed, and shall before producing the Material requested, mark the Material
" confidential" in the same manner.
(b)
Material shall be disclosed only to counsel for the Department and their supervisory and clerical personnel and personnel and persons whose assistance is required by counsel 1
for the Department in conducting this proceeding; counsel for other parties engaged in this proceeding and their clerical personnel and persons whose assistance is required by counsel for's'uch other parties in conducting this proceeding; and to other persons whose assistance is recuired by counsel for the Department or other parties to this proceeding in~ conducting this proceeding.
(c)
Individuals having knowledge of Material by virtue of their participation in the conduct of this proceeding shall use the information obtained from the Material for the purpose of this proceeding only.
Moreover, except as provided in this order, such individuals shall not disclose the Material or 4
. portions thereof to any person or persons not involved in the conduct of this proceeding, provided, nowever, that nothing in this order shall prevent the Department from disclosing documents produced 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 Diamond be given ten (10) days written notice prior to the disclosure of such documents outside of the Antitrust Division of the Department or the Office of the Attorney General.
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, Diamond will consult with the Department in an effort to reach an agreement concerning the appropriate protection of such haterial.
(d)
All individuals, except counsel and their clerical employees, prior to gaining access to any material, shall sign prior to their examination or use thereof and file with the Board within a reasonable time thereaf ter an affidavit tnat:
(1)
The Affiant has knowledge of the order and nas received a copy thereof;
_4 (2)
The Affiant understands that the Material is to be afforded the confidential treatment provided by this order; (3)
The Affiant understands that any use of information obtained by him from the Material in any manner c'ontrary to the provisions of this order will subject him to the sanctions of this Board for contempt.
In the event that a notary public is not readily available, a signed and witnessed statement of such individual containing the provisions set out above may be used in lieu of a sworn affidavit, provided said statement is obtained in advance of the disclosure of Material.
(e)
Should counsel for any party desire to use such Material during the course of this proceeding he shall, prior to such use, make reference to the confidentiality thereof, and any portion of the transcript containing references to such Material shall be kept sealed by this Board.
(f)
Counsel for parties to this action and other personnel having access to the Material are directed not to use or make f
copies of the Material or any portion of the transcript which l
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. may be serled pursuant to this order for any purpose other than the conduct of this proceeding.
By Order of tne Atomic Safety and Licensing Board By Marshall E. Hiller Chairman March
, 1980 1
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