ML19326D673
| ML19326D673 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 06/27/1980 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | Doherty J DOHERTY, J.F., GENERAL ELECTRIC CO., HOUSTON LIGHTING & POWER CO. |
| References | |
| NUDOCS 8007030061 | |
| Download: ML19326D673 (8) | |
Text
___
b UNITED STATES OF AMERICA p
NUCLEAR REGULATORY COMMISSION m
Ustmo THE ATOMIC SAFETY AND LICENSING BOARD pl
.g
,g Sheldon J. Wolfe, Esquire, Chaiman (d
C'"m Ere[ C//ki Dr. E. Leonard Cheatum, Member
'M>
' h:.:
Gustave A. Linenberger, Jr., Member M.
6"i h-s In the Matter of
)
)
HOUSTON LIGHTING AND POWER COMPANY
)
Docket No. 50-466 CP
)
(Allens Creek Nuclear Generating
)
Station, Unit 1)
)
PROTECTIVE ORDER (June 27,1980)
On January 12, 1980, Intervenor, John F. Doherty, filed a Motion to Subpoena That Document Known As The " Reed Report" from General Electric, Applicant's Vendor.
In a letter dated January 17, 1980, Applicant's coun:31 advised that
_ General Electric and Mr. Doherty had authorized Applicant to represent to the Board that the issuance of a subpoena was unnecessary in light of their aamement to engage in infomal negotiations for the purpose of reaching a settlement agreement on the inspection of the " Reed Report". Thus, on January 21, 1980, the Motion was denied without prejudice to renew in the event the settlement negotiations were unsuccessful.
The Board has been advised by counsel for Houston Lighting and Power Company on June ll,1980 that negotiations have been substantially successful and that an agreement on how to proceed has been reached. Onsaiddate,i Applicant filed a Motion For The Issuance Of A Protective Order.
Q.9 l
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l 80 0 7030 as \\
. General Electric has agreed to allow Mr. Doherty to inspect the follow-ing information subject to Mr. Doherty executing an appropriate protective agreement:
a.
The " list of 27 so-called safety-related items" from the Reed Report provided for the sole purpose of 'etermining that GE and HL&p have correctly decided which of the itemc are relevant to Mr.
Doherty's admitted contentions; b.
Those items from the above list which are relevant to Mr.
Doherty's admitted contentions; and c.
A current status report on each of the relevant items.
- x _ _x Both Houston Lighting and power Company and General Electric Company are willing to produce this information to Mr. Doherty for his inspection.
However, General Electric believes that the information is of a confidential
- or proprietary nature, the release or disclosure of which to third parties could seriously impair General Electric Company's relationships with its canpetitors. Mr. Doharty has not challenged this assertion and he has
~
advised that he has no objection to the entry of a protective Order protect-
. ing the confidentiality of the information.
The Board finds the proposed settlement to be entirely reasonable and acceptable. Accordingly, we grant Applicant's Motion and issue the instant Order modifying Applicant's proposed Protective Order,which had been attached to the Motion For The Isspance Of A Protective Order, in the interest of obtaining the document without further delay.
In so doing, however, we explicitly decline to find that Applicant, t
' upon behalf of the General Electric Company, or General Electric itself, has met the burden of showing that the document in question and the infomation 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).
NOW THEREFORE, pursuant to 10 C.F.R. El 2.740(c) and 2.790, 1.
IT IS HEREBY ORDERED that the scope of discovery of (and portions thereof or relating thereto) prepared under the direction and supervision of Dr. Charles Reed of General Electric Company in 1975 ("The Reed Report")
.m shall be limited to protect against disclosure of the information containec'.
in the report to the general public.
2.
IT IS HEREBY FURTHER ORDERED THAT, subject to paragraphs 3 and 4
~ of this Order, those items on the " list of 27 so-called safety-related items",
which are relevant to Intervenor Doherty's contentions shall be identified and a current status repcet on those items shall, in accordance with the pro-cedure specified in paragraph 3 of this Order, be produced for Mr. Doherty's inspection at General Electric's offices in Houston, Texas at a mutually convenient time.
3.
IT IS HEREBY FURTHER ORDERED that the discovery granted herein be i
conditioned as follows:
a.
The foregoing infomation shall not be disclosed to any person other than Mr. Doherty in accordance with the protective agreement contained in Attachment A hereto. Mr. Doherty shall have the reserved right to seek an amendment to the agreement allowing him a photocopying privilege if, after his inspection, it
- is shown to be essential for the preparation of testimony, documentary evidence, cross-examination, or other legitimate evidentiary purpose pertaining to his existing contentions.
b.
If the Commission or the Board orders that access to or dissenination of the information shall be made to persons not included in paragraph 3(a) above, such matter shall only be acces-sible 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.
c.
Any portion of a transcript in connection with this pro-ceeding containing the information shall be examined in camera and shall be bound separately and filed under seal.
If said information is included in an authorized transcript of a deposition or exhibits thereto, arrangements shall be made with the court reporte.- taking the deposition to bind such portions and separately label them
" GENERAL ELECTRIC'S BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER".
Before a court reporter receives any such information, he or she shall first read this Order and shall have agreed in writing to be bound by the terms thereof.
d.
All information shall 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 10 C.F.R. Section 2.790.
- e.
If this infomation is 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 General Electric Company and Houston Lighting and Power Company and the presiding officer and, without prejudice to other rights and remedies of General Electric Company and Houston Lighting and Power Company, make every effort to prevent further disclosure by it or by the person who was the recipient of such infonnation.
f.
Upon final termination of this proceeding, each person that is subject to this Order shall assemble and return to counsel for Houston Lighting and Power Company all such information, includ-ing notes.
4.
IT IS HEREBY FURTHER ORDERED that in the event Intervenor Doherty needs to utilize any of the infomation discovered pursuant to this Protective Order during the evidentiary hearing in this proceeding, the infomation shall only be disclosed in, camera under the conditions set forth in paragraph 3 hereof and the Protective Agreement attached hereto and the transcript of such portion of the evidentiary hearing shall be sealed.
FOR THE ATOMIC SAFETY AND LICENSING BOARD i
M k",.
SheldonJ.Wo{b, Esquire j
Chaiman l
Dated at Bethesda, Maryland this 27th day of June,1980.
I l
ATTACHMENT A AGREEMENT REGARDING DISCLOSURE OF CONFIDENTIAL INFORMATION A.
John F. Doherty (hereinafter "signator") is a party to the above captioned Construction Permit proceeding.
B.
Houston Lighting and Power Company (HL&P) has engaged General Electric Company (GE), a non-party in this proceeding, to supply the nuclear steam supply system for the Allens Creek Nuclear Generating Station.
C.
Signator has requested that he be pemitted to inspect the follow-ing GE infomation:
a.
The " list of 27 so-r,alled safety-related items" from the Reed Report (provided for the sole purpose of detemining that GE and HL&P have correctly decided which of the items are rele-vant to Mr. Doherty's admitted contentions);
b.
A current status report on each of the relevant items.
~ The infomation is claimed by GE to be confidential infomation and to be customarily held in confidence.
D.
GE will make the infomation available to Signator to inspect and take notes, provided that the infomation in this document and notes (herein-j after "Infomation") will be used for the limited purposes and will be treated in a confidential manner as provided below.
E.
In consideration of the disclosure of the Infomation by GE, the Signator agrees as follows:
(1) Signator will inspect the document and take any notes in i strict confidence anc secrecy at GE's offices in Houston, Texas at a mutually convenient time.
i (2) Signator will use the Information only for preparation of i
testinony in connectior. with his existing contentions in the above-captioned proceeding, in testimony as documentary evidence, in cross-examination, and for other legitimate evidentiary purposes in connection with his existing contentions. The Infomation, if used in whole or in part for any of the above purposes -- pre 9aration of testimony, testimony, documentary evidence, cross-examination, and other legitimate evidentiary purposes -- shall be l
subject to paragraphs (3) and (4) below and shall be presented only during
_in, camera hearing sessions that provide protection against non-disclosure equivalent to that provided under this Agreement.
(3) Signator will not photocopy, transcribe, reproduce, or dis-close the Infomation to any other person or entity who has not executed this Agreement.
(4) Signator will safeguard and hold in strict confiaence the Infomation, as well as all evaluations, data, or notes made in connection with the Infomation in accordance with paragraph (3) above.
(5)
Restrictions on disclosure contained herein shall not apply to any information or material:
a.
which can be shown to have been known or used by Signator prior to the date of disclosure to Signator by GE, or b.
which either before or after the date of disclosure to Signator by GE is lawfully disclosed to Signator by an independent third party without restriction on disclosure on behalf of GE, or c.
which either before or after the date of disclosure to Signator by GE becomes available to the public through no fault of Signator.
... - Nothing in this Agreement shall be construed as pemitting Signator to unfairly obtain the right to use Infomation that becomes publicly known through an improper act or omission on his part.
(6) GE retains all right, title, and interest in and to the Infomation.
(7) Signator may not assign this Agreement.
(8) Signator has not challenged the assertion that the Infomation is proprietary in nature and Signator will treat the Infomation on a confi-dential basis.
In the event any NRC regulation, rule, or ASLB order, other administrative order, or judicial ruling requires the disclosure of.the Infoma-tion without providing the equivalent protection accorded under this Agreement, GE will have the right to imediately withdraw the Infomation from Signator upon request, and Signator will promptly abide by that request.
(9) Signator will return to GE all the Infomation at the conclu-sion of his use, but in no event later than the conclusion of the above-captioned Construction Pemit proceeding, including appeals.
Date Signator CONSENT TO GENERAL ELECTRIC COMPANY By t
Date
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