ML20062B411

Responds to Advising That GE Topical Rept 21021-P Will Be Made Available for Insp.Draft Agreement Re Disclosure of Confidential Commercial Info Encl

ML20062B411
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/04/1978
From:	Whittemore F HUNTON & WILLIAMS
To:	Hand R REILLY & LIKE
References
NUDOCS 7810270394
Download: ML20062B411 (6)

Text

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IInxTox & WILLIAxs 7o7 CAST M AIN sf act? P. c. Box 1535 Rzcaxoxn,Vraorm 20212 TC6co w o w c r.8 0 4 7SS-SaCO

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, Vasazzoros, D. C. orytes Octobe 1978 **"'^^*"* *

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8355 l Richard C. Hand, Esq.

Reilly, Like & Schneider 200 West Main Street Babylon, New York 11702 dd '

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gY g In the Matter of h Long Island Lighting Company (Shoreham Nuclear Power Station) d'4 e7 /

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Docket No. 50-322 b b.g an n um

Dear Mr. Hand:

In your letter of September 19, 1978, you agreed with the Applicant's proposed Agreement Regarding Disclosure of (GE] Con-fidential Information, which was Attachment 1 to the Applicant's August 17, 1978 pleading. In response to your request that the

. inspection occur in the San Francisco area, GE has agreed to make l its San Jose offices available for that purpose.

You also stated that the County wished to inspect GE Topi-cal Report NED-21021-P, entitled " Test Program for Collet Retainer Tube," and asked that it be made available for inspection under the same terms and conditions as set out in the above Agreement.

GE has agreed to make the Topical Report available for inspection by the County. Therefore, we have revised T C of the Agreement to add the Topical Report.

You indicated on page 3 of ycur letter of September 19, 1978 that MH3's emplovment by Suffolk County will soon be termi- -

nated in accordance with a resolution passed by the Suffolk County Legislature. -Therefore, we have modified Y E.9 of the Agreement 78027o3rr A

l Hexrox & WILLIAxs to require that any Signator (1) who possesses any information,

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as defined in 1 D of the Agreement, and (2) whose employment with Suffolk County is terrJ.nated, shall return that information to GE upon such termination of employment.

After counsel for Suffolk County and/or its technical con-sultant have executed the enclosed revised Agreement and forwarded it to us, we will submit it to the Board along with a request for

, a protective order.

Yours truly,

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F. Case Whittemore Enclosure cc: Members of the Board All Parties a

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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. LONG ISLAND LIGHTING COMPANY )

) Docket No. 50-322 (Shoreham Nuclear Pcwer Station, )

Unit 1) )

AGREEMENT REGARDING DISCLOSURE OF CONFIDE 3TIAL COMMERCIAL INFORMATION A. Suffolk County (SC or County) is a party to the above-captioned operating license proceeding. The County has retained a technical consultant to assist in this proceeding.

B. The Long Island Lighting Company (LILCO) has engaged General Electric Corporation (GE), a non-party in this proceeding, to supply the nuclear steam supply system for the Shoreham Nuclear Power Station.

C. SC has recuested that its counsel and/or technical con-(.  ;

sultant be permitted to inspect the following GE documents:

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1. List of Icess frem the Nuclear Reactc Studv (Reed Report) Identified in 1975 by Safety 'nda Licensing for Consideration as " Reportable Defi-ciencies" under Section 206 of the Energy Reor-ganization Act of 1974 (dated March 22, 1978)

2. Sc:::c:ary of Status of Items from the Nuclear Re-actor Study (Reed Report) Iden:ified in 1975 by i

l Safety and Licensing (prepared May 1973) l

3. Tooical Report NED-21021-P: " Test Program for --

Collet Retainer Tube" l These documents are claimed by GE to centain confidential ec=mer-

cial information and to be customarily held in confidence.

, D.* GE is willing to make the documents available to SC's f

counsel and its technical consultant (hereinafter "Signators")

to inspect, take notes, and request copies of any pages, which will be made by GE, provided that the information in those docu-ments, notes, and copies (hereinafter "infor=ation") will be used for the limited purposes and will be treated in a confiden-

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tial manner as provided below.

E. In consideration of the disclosure of the information by GE, the Signators agree as follows:

(1) Signators will inspect the documents , take any notes, and receive any copies in strict confidence and secrecy.

(2) Signators will use the information only (a) for the purposes of discovery and preparation of testimony in connection with SC Contention 3a in the above-captioned proceeding, and (b) in testimony as documentary ivisance, in cross-examination, and

, for other legitimate ev;d s : y purposes in connection with SC

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Contention 3a. The information, if used in whole or in part for

any of the above purposes -- discovery, preparation of testimony, ces timony, documentary evidence, cross-examination, and other legiti=a e evidenti.ary purposes -- shall be subj ect to paragraphs (3) and (4) below and shall be presented only during in-camera hearing sessions that provide protection against non-disclosure ecuivalen: Oc tha provided under this Agreement. ..

(3) Signa: ors, will not photocopy, transcribe, re,r: duce, or ' disclose che inforna: ion to any other person or enti:7 who

has not executed this Agreement.

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, . (4) Signators will safeguard and hold in strict confi-7 dence the information, as well as all evaluations, data, or notes made in connection with the information in accordance wi:h l paragraph (3) above.

(5) Restrictions on disclosure contained herein shall not apply to any information or material that is generally avail-able to the public or previously made available by GE without s

limitation as to use." Nothing in this Agreement shall be con-strued as permitting Signators to unfairly obtain the right to use infor=ation that becomes publicly known through an improper act or emission on their part.

(6) GE retains all right, title, and interest in and to the information.

(7) Signators may not assign this Agreement.

(8) Signators make no admission as to whether the in-

- for=ation disclosed by GE is, in fact , confidential cocmercial

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infor=ation, but Signators will treat the information on a con-fidential basis. In the event any NRC regulation, rule, or ASL3 order, other adninistrative order, or judicial ruling recuires the disclosure of the information without providing the equiva-1 lent protection accorded under this Agreement, GE will have the '

righ: to 4- ediately wi:hdraw :he infor=ation from Signators upon recuest. ..

(9) Signators will return to GE all the infor:acion at 1

the' conclusion of their use, but in no evenc later than the ter- '

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_4 i' mination of their employment by Suffolk County or the conclusion 1

, of the,above-captioned proceeding including appeals, whichever

• occurs first.

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j. Date Irving Like i

l Date Richard C. Hand i

, Date SC technical consultant Date SC technical consultant CONSENTED TO 1

GENERAL ELECTRIC CORPORATION i

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By i

d' j Date 1

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