ML19347C068

Request for Encl Protective Order Re Intervenor Bpi 800821 Request for Production of Certain Contracts to Supply NSSS & Generator for Facility Pending Admission of Contentions & Examination of Request.Certificate of Svc Encl

ML19347C068
Person / Time
Site:	Bailly
Issue date:	10/14/1980
From:	Edgar G GENERAL ELECTRIC CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8010160538
Download: ML19347C068 (12)

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UNITED STATES OF AMERICA 'n h sec,3 ty".y"7 ,u/

NUCLEAR REGULATORY COMMISSION 4 s

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Before the Atomic Safety and Licens_*ng Board l

l In the Matter of ) Docket No. 50-367

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NORTHERN INDIANA PUBLIC SERVICE ) (Construction Permit COMPANY ) Extension)

(Bailly Generating Station, ) f h([ hd Nuclear 1) )

l MOTION FOR PROTECTIVE ORDER General Electric Company (GE), by its undersigned attorney, hereby appears specially-*/ in the above-captioned l

proceedings and files this Motion for a protective order in connection with the request by BPI, et al. (the intervenors) dated August 21, 1980, for the production of certain GE contracts to supply a; nuclear steam supply system (NSSS) and turbine generator, respectively, for the Bailly Station.-**/

GE is appearing specially for the limited purpose of asserting l

its claim that disclosure, if any, of the aforementioned contracts or the information therein, should be subject to a protective order. In support of its Motion, GE states the l following:

• / Kans. Gas & E. Co. (Wolf Creek Nuclear Generating Station, Unit No. 1), ALAB-307, 3 NRC 17 (1976).

• • / 10 C.F.R. S 2.740(c).

8010160538 h

1. GE is given to understand that discovery has commenced in these proceedings even though final rulings have not been made on the intervenors' contentions. Further, a i firm schedule, including the end point, for discovery has not been established. These circumstances pose a serious dilemma for GE. On the one hand, discovery requests are limited to

, the scope of admitted contentions and unduly broad requests are not favored.-*/ Subsequent pleadings by the parties and Board rulings may well limit the scope of the contentions and hence the discoverability of the documents in question.

On the other hand, if it occurs that specific information contained in the contracts falls within the scope of admitted contentions, GE may well have no problem in providing such information in accordance with a suitable protective order order, or otherwise. Disclosure of the subj ect contracts, either in whole or in part, may nell prove unnecessary. In light of the present uncertainty and the apparent lack of impact upon the schedule for discovery, GE hereby requests a protective order precluding discovery of the subject documents pending admission of all intervenor contentions and the cpportunity to examine the document request in light of those i

admitted contentions. GE submits that this action would

-*/ Allied-General Nuclear Services (Barnwell Fuel Reocvery and Storage Station), LBP-77-13, 5 NRC 489, 492 (1977);

Illinois Power Co. (Clinton Nuclear Station, Units 1 and 2, ALAB-340, 4 NRC 27 (1976).

i conserve the resources of all parties and the Board, and would not foreclose renewal of the discovery requests or a mutually acceptable resolution of the issue.

2. Alternatively, GE requests a protective order limiting discovery to specific matters or types of information to be identified by the intervenors within the scope of their contentions. Further, the intervenors should, under the terms of that Order, be required to state with specificity how each matter or type of information sought relates to matters at issue in the above- captioned proceedings . As noted above, f

a GE cannot accurately determine on the current state of the record whether or not the discovery request is reasonably designed to lead to relevant information. The contracts in question doubtless contain information of substantial value to GE which could have no bearing on the proceedings in question. Further, if the intervenors' obj ective is to obtain substantive information relating to their contentions, l

4 there may be more appropriate forms for providing that information and better means for suitable protection to GE against disclosure, none of which would involve exposure of i

the subject contracts. This form of order would enable the parties to arrive at an acceptable resolution of the present dispute, while preserving the rights of all parties in the event that disclosure of certain elements of information contained in the contracts, or the entire contract er parts of those were necessary.

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3. Finally, and in the altercative, GE requests a protective order on the terms set forth in Attachment A heretc pursuant to 10 C.F.R. $ 2.790(d). GE's contracts are the type of highly sensitive commercial information which would fall within the scope of the four factors enumerated in 10 C.F.R. 5 2.790. Up to this point in time, GE believed that GE, the

. Licensee, and intervenors could reach an acceptable resolution of this item and execute an appropriate form of protective order.-*/ As a result of a last minute breakdown in these discussions, GE has not had the opportunity to complete an appropriate form of supporting affidavit, and the undersigned only became aware of this matter today. An appropriate l affidavit supplementing this Motion will be submitted by October 17, 1980.

WHEREFORE, GE requests that the Board issue a protective order in accordance with the requests made herein above.

Respectfully submitted, e

Georg . Edgar Attorney for General Electric Company DATED: October 14, 1980

• / The document request was filed on August 21, 1980 and returned on September 26, 1980. In the latter response it was noted that a response on the GE contracts would be postponed until Ocotber 3, 1980. GE understands that this latter date was extended by agreement of the parties until October 14, 1980.

ATTACHMENT A PROPOSED FORM OF PROTECTIVE ORDER

3. IT IS HEREBY FURTHER ORDERED thet the discovery granted be conditioned upon the following:

a. Only Intervenors' counsel be permitted to inspect the information; such inspection shall be made at a time and place which is mutually convenient to the Intervenors' counsel and GE;

b. Said counsel shall not disclose the information to any third person, nor photocopy, duplicate or transcribe such information;

c. Said counsel shall be permitted to take notes j and data from the information, but the disclosure j i

of said notes shall be subject to the restrictions )

of (b.) and d.) herein;

d. Said counsel shall utilize the information only for the purpose of preparation of the issues in this proceeding and for no other purpose; and

e. Said counsel shall destroy all notes and data taken from the information at the conclusion of this 1

proceeding. I

4. IT IS HEREBY FURTHER ORDERED that in the event Intervenors need to utilize the information during the evidentiary hearing in this proceeding, the information shall only be disclosed in camera under the conditions set forth in Paragraph 3 hereof and the transcript of such portion of the evidentiary hearing shall be sealed.

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UNITED STATES OF AFERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ) Docket No. 50-367

)

NORTHERN INDIANA PUBLIC SERVICE ) (Construction Permit COMPANY ) Extension)

)

(Bailly Generating Station, )

Nuclear 1) )

NOTICE OF SPECIAL APPEARANCE Notice is hereby given that the undersigned attorney herewith enters a special appearance on behalf of General Electric Company (GE) in u.c. chove-captioned matter.

In accordance with 10 C.F.R. S 2.713(a), the following information is provided:

Name: Kevin P. Gallen Address: Morgan, Lewis & Bockius Suite 700

1800 M Street, N.W.

Washington, D. C. 20036 Telephone Number: (202) 872-5121 Eligibility: Admitted to practice before the District of Columbia Court of Appeals, the United States District Court for the District of Columbia, and the United States Court of Appeals for the District of Columbia Circuit

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j Name of Party Appearing Specially: General Electric Company Respectfull submitted,

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K vin P. Gallen

!. Attorney for 1

General Electric Cur.pany i

4 OF COUNSEL i

, Morgan, Lewis & Bockius 1800 M Street, N.W.

Washington, D. C. 20036 l

$ Dated: October 14, 1980 i

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board

^

In the Matter of ) Docket No. 50-367

)

NORTHERN INDIANA PUBLIC SERVICE ) (Construction Permit COMPANY ) Extension)

)

(Bailly Generating Station, )

Nuclear 1) )

NOTICE OF SPECIAL APPEARANCE Notice is hereby given that the undersigned attorney herewith enters a special appearance on behalf of General Electric Company (GE) in the above-captioned matter.

In eccordance with 10 C.F.R. S 2.713(a), the following information is provided:

Name: George L. Edgar Address: Morgan, Lewis & Bockius Suite 700 1800 M Street, N.W.

Washington, D. C. 20036 Telephone Number: (202) 872-5121 Eligibility: Admitted to practice before the District of Columbia Court of Appeals, the United States District Court for the District of Columbia, and the United States Court of Appeals for the District of Columbia Circuit

Name of-Party Appearing Specially: General Electric Company Respectfully submitted, l 1

rge dgar Attorney for General Electric Company OF COUNSEL Morgan, Lewis & Bockius 1800 M Street, N.W.

Washington, D. C. 20036 Dated: October 14, 1980 l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of ) Docket No. 50-367

)

NORTHERN INDIANA PUBLIC SEEVICE ) (Construction Permit COMPANY ) Extension)

)

(Bailly Generating Station, )

Nuclear 1) )

CERTIFICATE OF SERVICE I hereby certify, this 14th day of October, 1980, that copies of GE's Notices of Special Appearance and Motion for Protective Order have been served by hand upon those on the following list marked by an asterisk, and by mail, first class and postage prepaid, upon the remainder:

Herbert Grossman, Esquire U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Glenn O. Bright U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Richard F. Cole U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Houard K. Shapar, Esquire Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555 i

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Dr. George Schultz 110 California 1 Michigan City, Indiana 46360 i Robert J. Vollen, Esquire J c/o BPI 109 North Dearborn Street l Suite 1300 Chiccgo, Illinois 60602 Edward W. Osann, Jr., Esquire One IBM Plaza Suite 4600 Chicago, Illinois 60611 William H. Eichorn, Esquire 5243 Hohman Avenue Hammond, Indiana 46320 Mr. Mike Olszanski Mr. Clifford Mezo United Steelworkers of America

, 3703 Euclid Avenue East Chicago, Indiana 46312 l Tyrone C. Fahner Attorney General, State of Illinois Environmental Control Division l 188 West Randolph Street I

! Suite 1215  ;

Chicago, Illinois 60601 l Richard L. Robbins, Esquire 53 West Jackson Boulevard Chicago, Illinois 60604 Mr. George Brabowski Ms. Anna Grabowski 7413 W. 136th Lane

. Cedar Lake, Indiana 46303 Stephen Laudig, Esquire 21010 Cumberland Road Noblesville, Indiana 46060

• Maurice Axelrad Kathleen Shea Lowenstein, Newman, Reis, Axelrad & Toll 1026 Connecticut Avent.e, N.W.

Washington, D. C. 20035

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-3 Robert W. Hammesfahr, Esquire 200 East Randolph Street Suite 7300 Chicago, Illinois 60601 Diane B. Cohn Suite 700 2000 P Street, N.W.

Washington, D. C. 20036

• Atomic Safety and Licensing Appeal Board Panel

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U. S. Nuclear Regulatory Commission Washington, D. C. 20555

• Docketing and Service Section Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D. C. 20555 N

George L f gar V l

l Morgan, Lewi Bockius Suite 700 1800 M Street, N.W.

Washington, D. C. 20036 (202) 872-5121 Attorney for General Electric Company DATED; October 14, 1980 1

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