ML20079E321
| ML20079E321 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 01/11/1984 |
| From: | Schroeder J CAROLINA POWER & LIGHT CO., DANIEL INTERNATIONAL CORP. (SUBS. OF FLUOR CORP.) |
| To: | |
| Shared Package | |
| ML20079E307 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8401170239 | |
| Download: ML20079E321 (12) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of CAROLINA POWER & LIGHT COMPANY Docket Nos.
50-400 OL and NORTH CAROLINA EASTERN 50-401 OL MUNICIPAL POWER AGENCY (Shearon Harris Nuclear Power Plant Units 1 and 2)
)
AFFIDAVIT OF JOHN J. SCHROEDER STATE OF SOUTH CAROLINA ss COUNTY OF GREENVILLE I, JOHN J. SCHROEDER, being first duly sworn do depose and say:
1.
I am Vice President - Personnel Management of the Daniel Construc-tion Company division of Daniel International Corporation (Daniel) and have served in this capacity since August 1,1979.
2.
I am advised that an intervenor has sought discovery of certain information contained in craft employee records at the Shearon Harris Nuclear Power Plant and this Affidavit is provided in connection with a Motion relat-ed to that discovery request.
3.
In consideration of the proprietary and commercial interests of the Company and the Company % clients and the privacy interests of our individual employees, it is our nonnal policy to treat the employment records contained in Daniel's' craft employee personnel files (including without limitation the employee's name, address, dates of employment, training records and entry qualifications), as confidential.
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The development of systems to manage ar.d the management of our craft personnel data is of significant commercial importance to the Company.
5.
As a part of-its craft training employment activities, Daniel pro-vides certain training to a number of craft employees, including some of the welders employed at the Shearon-Harris Nuclear slant of Carolina Power &
Light Company (CPa!.).
4 i
6.
Daniel has invested substantial sums in the creation, development and administration of the training programs which it.makes available to its projects, including the Shearon-Harris Plant.
7.
A listing of the qualified welders employed by Daniel who have par-ticipated in the Daniel training program has proprietary value to Daniel.
8.
The infomation contained in our personnel files is not, to the best of my knowledge, found in public sources.
9.
Public disclosure of infomation contained in Daniel's personnel files could be used in a manner which results in economic damage to the Company, its clients and/or the disruption of employment relationships involv-ing the personnel in question.
IN WITNESS WHEREOF, I, JOHN J. SCHROEDER have set my hand - this 1J_g3_ day of j
January
, 1984.
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WHYJ. SCHR0E)EP Subscribed and sworn to before me this 11thday of January
, 1984.
0LU v'1'~k.J.3 Notary Public in and for,;
Greenville Comnty, South ' Carolina l,
i-My Commission Expires:y -..... + ~. A. u, h63 l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
).
CAROLINA POWER & LIGHT COMPANY
)
Docket Nos. 50-400 OL i
and NORTH CAROLINA EASTERN
)
50-401 OL MUNICIPAL POWER AGENCY'
)
)
(Shearon Harris Nuclear Power
)
Plant, Units 1 and 2)
)
APPLICANTS' PROPOSED PROTECTIVE ORDER The Board has determined that Carolina Power & Light Com-
,pany ("CP&L"), on behalf of itself and North Carolina Eastern Municipal Power Agency, the Applicants in this proceeding, and its constructor,_ Daniel International Corporation, possess in-formation of a. confidential and proprietary nature which inter-venor Wells Eddleman seeks to discover and which the Board has ordered Applicants to provide to Wells Eddleman.
The Board has L
'also determined that this confidential and proprietary informa-(
tion is.of commercial value to Daniel and CP&L and that it in-l:
'volves certain privacy interests of Daniel employees and former 1
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. Daniel employees.
Therefore the Board requires protection of f,
this information from unauthorized disclosure, and.it is-ORDERED that:
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1.
The information provided in response to amended Interrogatories 41-1(1) and 41-1(m), except for the training and qualification information in 41-1(m) when used without re-vealing other protected information, is proprietary and confi-dential information (hereafter the " Employee Information").
2.
Without limitation on disclosure to the Board and to personnel of CP&L and Danial, as well as their counsel, CP&L shall provide the Employee Information to Wells Eddleman subject to protection under this Order and it may be disclosed only to the following persons:
A.
Wells Eddleman; B.
Outside counsel for Wells Eddleman and their clerical and stenographic staff; and C.
A maximum of five persons employed or retained to assist in the preparation of Well Eddleman's case; provided, however, that each such person identified in subparagraphs A, B
or C above (Authorized Recipients) to whom disclosure of the information is to be made shall, before disclosure is made to him/her execute an affidavit agreeing to be bound by the terms of this Order, in the form annexed hereto as Exhibit "A".
Each such affidavit shall be provided to CP&L prior to the disclo-l sure of the information to said person.
The originals of such affidavits shall be filed with the Board by CP&L.
3.
The Authorized Recipients will use the Welder Informa-tion only for purposes of discovery, preparations for, and par-ticipation in the adjudication of Eddleman Contention 41 in l
this Proceeding, and for no other purpose.
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4.
The~ Authorized Recipients will safeguard and hold in con-
.fidence-the. Employee Information, as well as all evaluations, data,.or notes made.in connection with use of the Employee Infor-mation,.so that none of the Employee Information is disclosed to any person who is not authorized to receive it under this Order.
5.
If cestimony concerning the - Employee Information is
' elicited by any party.through deposition, counsel for CP&L may designate that testimony as confidential by advising the reporter
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of such designation.
Such designation shall have the effect of making.the transcript of-that testimony a confidential document
~ hich shall be entitled to the protection afforded Empleyee Infor-w mation by this Order, unless or until the Board rules otherwise upon. motion by an interested party.
If CP&L makes.such a designation during the taking of an oral deposition, then all persons to whom Employee Information may not be=discicaed shall be excluded from attendance.at the deposition, except for employees-of the NRC's Office of Executive Legal i
j Director who execute an affidavit, agreeing to be bound by the terms ofsthis Order, in the form annexed hereto as Exhibit "A".
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-6.
Each court stenographer before whom a deposition is-taken shall be provided with a copy of this Order and shall execute an affidavit agreeing to be bound by the terms. hereof in~the form an-nexed hereto as Exhibit'"A".
If the' deposition is to be tran-scribed by:someone other then the reporter-in attendance during theitaking"of the deposition, such additional person shall
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. likewise be provided with a copy of the Order and shall execute such an affidnvit agreeing to be bound by the terms hereof.
7.
During the prehearing conference held prior to, and to plan for, a hearing at which evidence is to be presented on Eddleman Contention 41, the parties will identify to the Board any
- plans'for. utilization at~ trial of the Employee Information.
The
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Board will then consider, if the Employee Information is to be utilized-at the hearing, appropriate action to prevent public dis-closure of the Employee Information.
8.
Within thirty (30) days of the Board's decision on Eddleman Contention 41, the Authorized Recipients shall account to the Board for all papers or other materials (including notes and
. papers propered.) containing Employee Information in their possession. -The Authorized Recipients may either destroy the papers which do not need to be' saved and certify that action in
- writing, or for papers which need to be saved for any appeal, identify them to the Board.
When finished using the Employee In-formation they contain, but in no event later than the conclusion of the appeal process, the Authorized Recipients shall destroy p
. thosefpapers and materials and so account to CP&L.
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. UNITED STATES OF AMERICA NUCLEAR = REGULATORY COMMISSION-
-B,EFORE THE ATCMIC SAFETY AND LICENSING BOARD
. In the Matter of
)
)
CAROLINA POWER & LIGHT' COMPANY
)-
Docket Nos. 50-400 OL and NORTH CAROLINA EASTERN
).
50-401 OL MUNICIPAL POWER AGENCY
)
)
(Shearon Harris Nuclear' Power
)
Plant, Units 1 and 2)
)
s, AFFIDAVIT of (Title: Employer) being duly sworn, deposes and says:
I have read the foregoing Protective. Order dated 1983, and agree to be bound by the terms thereof.
t SWORN to [or affirmed] before me this day of.
1983 Notary Public s
- My, Commission Expires:'-
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January 13, 1984 UNITED STATES OF AMERICA NUCLEAR' REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
.)
)
CAROLINA POWER & LIGHT COMPANY
)
Docket Nos. 50-400 OL and NORTH CAROLINA EASTERN
)
50-401 OL MUNICIPAL POWER AGENCY
)
)
(Shearon Harris Nuclear Power
)
Plant, Units 1 and 2)
)
CERTIFICATION OF COUNSEL I hereby certify that prior to filing the accompanying Ap-
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plicants'l Motion for Protective Order, Applicants made the fol-lowing efforts to resolve the discovery dispute between Appli-cants and Mr. Eddleman:
1.
Counsel for Applicants discuesed with Mr. Eddleman by telephone, in October, 1983, the desire of Applicants and Daniel International Corporation for protection from public disclosure of certain employee information on welders which, in response to Mr. Eddleman's motion to compel discovery, the Board had ordered Applicants to produce.
It was agreed that
- Mr. Eddleman would consider and review a proposed consent pro-tective order to be drafted by Applicants.
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2.
On November 14,.1983, I 'forwar'ded to Mr. Eddleman a
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draft proposed consent p'rotective order.
3.
In the ensuing weeks Mr. Eddleman and I had three f
J telephone.Sconversations in which we disc'ussed the' draft and at-5 tempted to reach! agreement on fts provisions.
We were unable
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to' resolve our differences.
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Thomas A."Baxter, P.C.
Counsel for Applicailts t
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ya. -o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Meatter of ) ) CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL and NORTH CAROLINA EASTERN ) 50-401 OL MUNICIPAL POWER AGENCY ) ) (Shearon Harris Nuclear Power ) Plant, Units 1 and 2) ) CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Motion for Protective Order," " Affidavit of A. R. Pannill," " Affidavit of John J. Schroeder," " Applicants' Proposed Protective Order," and " Certification of Counsel" were served this 13th day of January, 1984, by deposit in the U.S. mail, first class, postage prepaid, to the parties on the attached Service List. Thomas A. Bax'ter, P ' C. s.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) ) CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL and NORTH CAROLINA EASTERN ) 50-401 OL MUNICIPAL POWER AGENCY ) ) (Shearon Harris Nuclear Power ) Plant, Units 1 and 2) ) SERVICE LIST ( Janes L. Kelley, Esquire John D. Runkle, Esquire Atmic Safety and Licensing Board Conservation Council of North Carolina i U.S. Nuclear Regulatory Cmmission 307 Granville Road Washington, D.C. 20555 Chapel Hill, North Carolina 27514 Mr. Glenn O. Bright M. Travis Payne, Esquire Atmic Safety and Licensing Board Edelstein and Payne U.S. Nuclear Regulatory r=niasion P.O. Box 12607 Washingtm, D.C. - 20555 Raleigh, North Carolina 27605 Dr. James H. Carpenter Dr. Richard D. Wilson At m ic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regulatory Ctamission Apex, North Carolina 27502 Washington, D.C. 20555 Mr. Wells Eddleman Charles A. Barth, Esquire 718-A I M 11 Street Janice E. Moore, Esquire Durham, North Carolina 27705 Office of Executive Legal Director U.S. Niv'laar Regulatory Otzmissicn - Richard E. Jones, Esquire l. Washington, D.C. 20555 Vice President and Senior Counsel Carolina Power & Light Cmpany Docketing and Service Section P.O. Box 1551~ office of the Secretary Raleigh, North Carolina 27602 U.S. Nuclear Regulatory r=niasion Wanhington, D.C. 20555 Dr. Phyllis Ictchin 108 Bridle Run-Mr. Daniel F. Read, President Chapel Hill, North Carolina 27514 CHANGE /ELP 5707 Waycross Street Dr. Linda R. Little Raleigh, North Carolina 27606 Governor's Waste Management Board i-513 Albemarle anilaing 325 North Salisbury Street Raleigh, North Carolina 27611 m ta a -y-v- r 93.,-- ,a-s-w-p+- w-e e- ? w..-m-- - - ---c, ,,---w -me-ee w r----
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- Bradley W. Jones, Esquire U.S. Nuclear Reculatory Ccmnission W on II 101 Marrietta Street Atlanta, Georgia 30303 Ruthanne G. Miller, Esquire Atcmic Safety and Limnaing Board Panel U.S. Nuclear Regulatory Ce=niasion Washington, D.C.
20555 Mr. Robert P. Gruber Exetive Director Public Staff - NCUC P.O. Box 991 Raleigh, North Carolina 27602 + ...y .-}}