ML20039G035

Motion for Protective Order Re Prairie Alliance Discovery of Documents Containing Confidential,Research,Development or Commercial Info

ML20039G035
Person / Time
Site:	Clinton
Issue date:	01/06/1982
From:	Fazio P ILLINOIS POWER CO., SCHIFF, HARDIN & WAITE
To:	NRC COMMISSION (OCM)
Shared Package
ML20039G036	List: ML20039G035 ML20039G044
References
ISSUANCES-OL, NUDOCS 8201150203
Download: ML20039G035 (4)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

l ILLINOIS POWER COMPANY, )

i SOYLAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER ) Docket No. 50-461 OL COOPERATIVE, INC. )

)

(Operating License for Clinton )

Power Station, Unit 1) )

MOTION FOR PROTECTIVE ORDER Purstant to Section 2.740(c) of the Rules of Practice of the Nuclear Regulatory Commission, Illinois Power Company (" Illinois Power"), on behalf of itself, Soyland Power Cooperative, Inc., and Western Illinois Power Cooperative, Inc. (" Applicants"), hereby moves that a protective order be entered with respect to the discovery by Prairie Alliance of documents that contain confidential, research, development, or commercial infor-mation. In support of their motion, Applidants state as follows:

1. Prairie Alliance and the State of Illinois

("the State") scheduled their first document review session for September 24, 1981. They asked to review documents relevant to Contention 6 and Contention 2, respectively.

Because of the broad scope of the document requests, Illinois Power was forced to produce thousands of documents which, though relevant under the Commission's Rules, are unimportant to the resolution of issues in this proceeding. In order 82011502O3 820106 9$O}

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Y to avoid a time-consuming review of all these documents for confidential or proprietary information--a review which would have taken weeks to complete--Illinois Power provided free access to its files on the condition that the Intervenors sign a Confidentiality Agreement, a copy of which is attached hereto as Exhibit A. This Agreement provided the minimal protection needed by Illinois Power while preserving t.he rights of all parties to petition the Board for further protection or greater freedom of disclosure.

2. The State signed a similar agreement covering further discovery of documents relating to Contention 2.

Illinois Power furnished the State with an index to its files pertaining to Contention 2, and allowed the State to select whatever files it wished, without waiting for prior review of documents by Illinois Power. This procedure greatly increased the State's flexibility in planning its discovery, because all documents could be made available at the time they were requested.

3. Prairie Alliance scheduled a second session on October 23, 1981 for review of documents relating to Contention 6. At that session Prairie Alliance refused to sign the general confidentiality agreement already signed by the State. Illinois Power was therefore compelled to review each document requested before allowing inspection by Prairie Alliance. Many of these documents conta'ined confidential or proprietary information that Illinois Power

could not disclose without consent of a third party or without protection from further disclosure. Attempts to obtain third party consents have been time consuming and generally unsuccessful. Applicants therefore request a protective order with respect to those documents listed on Exhibit B hereto.

4. Most of the documents listed on Exhibit B pertain to the Boiling Water Reactor ("BWR") Owner's Group, of which Illinois Power is a member. These documents contain commercially valuable information, produced through work financed by Owner's Group members. This information-should be protected from disclosure to organizations that have not paid for its development.

5. The other documents listed on Exhibit B were prepared by vendors or consultants to Illinois Power. The vendor documents contain confidential information concerning the cost, price, or technical specifications of equipment supplied by such vendors to Illinois Power. The consultant documents contain both commercially valuable information and confidential information concerning the consultant's methods of analysis.

6. For the reasons set forth above, Applicants also request a protective order with respect to vendor documents requested under Contention 9.

7. Under the terms of the protective ord'er requested by Applicants,a draft of which is attached

hereto, Prairie Alliance can make full use in the proceeding of any information it discovers. It would be prohibited only from disclosing confidential or commercially valuable information to persons not actively participating in this proceeding WHEREFORE, Applicants respectfully request that the Board enter a Protective Order in this proceeding substantially in the form of the draft order attached hereto.

Respectfully submitted, N

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/ . .

__/

One of

-s a pK the AttorneysNfor Applicants Peter V. Fazio, Jr.

Sheldon A. Zabel William Van Susteren Charles D. Fox IV SCHIFF HARDIN & WAITE 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000 Dated: January 6, 1982 1

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