ML20086U027

Amend to 840113 Motion for Protective Order Preventing Public Disclosure of Employee Info Sought by Discovery Request of W Eddleman.Order Issued by ASLB Appropriate & Necessary.Certificate of Svc Encl.Related Correspondence

ML20086U027
Person / Time
Site:	Harris
Issue date:	03/02/1984
From:	Baxter T CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
OL, NUDOCS 8403070134
Download: ML20086U027 (11)

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M2rch 2, 1984 e "EOTED CORggsPONDENN 00tKETED U?iRC UNITED STATES OF AMERICA

'. NUCLEAR REGULATORY COMMISSION

'84 WR -6 ND 58 BEFORE THE ATOMIC SAFETY AND LICENSING 3OARD;

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' qMiE4 In the Matter of )

)

CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL and NOR?d CAROLINA EASTERN ) 50-401 OL MUNICIPAL POWER AGENCY )

)

(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

AMENDMENT TO APPLICANTS' MOTION FOR PROTECTIVE ORDER In their ". . . Motion for Protective Order," January 13, 1984, Applicants sought an order from the Board to prevent public disclosure Of certain employee information sought from Applicants by the discovery requests of intervenor Wells Eddleman. Attached to the motion was " Applicants' Proposed Protective Order," which set forth the relief requested.

On January 30, 1984, Mr. Eddleman filed his ".'. .

Response to Applicants' Motion for Protective Order," which appears to acknowledge the need for protection but objects to certain features of Applicants' Proposed Protective Order as well as certain arguments advanced by Applicants in support of the motion.

Since Mr. Eddleman's response to some extent represented a counter proposal in the form of voluntary commitnis ' ,,

Applicants attempted to sort through the response in order 8403070134'840302  %

PDR ADOCK 0S000400 0 PDR

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to identify the remaining specific areas of disagreement.

Counsel for Applicants then initiated further discussions with Mr. Eddleman to explore whether the remaining differences could be settled.

As a result of those discussions, Applicants amend their proposed protective order as follows:

1. In paragraph 1, the definition of " Employee Infor-mation" is revised to include the dates of employment in the exception clause;

2. Paragraph 2.C is revised to provide that Mr. Eddle-man shall file the affidavits of Authorized Recipients directly 1/

with the Board in camera;-

3. A typographical error is corrected in paragraph 3; and,

4. A sentence is added to paragraph 5 to provide that

a. sanitized version of a deposition transcript (i.e., with Employee Information deleted) will not be subject to the protective order.

A revised version of Applicants' Proposed Protective Order', with these changes included, is attached hereto.

1/ In agreeing to this change, Applicants are constrained to note that they do not agree with the reasons advanced by Mr. Eddleman -- i.e., that someone helping him may get

" intimidated, threatened, ourglarized, injured or worse."

Eddleman. Response at 5. These provocative and unwarranted attacks demean the proceeding. The Board previously has declined to rely on such assertions. Memorandum and Order (Ruling on-Cost Savings Contentions, Discovery Disputes, and Scheduling Matters), LBP-83-27A, 17 N.R.C. 971, 978 n.10 (1983).

1 o While Mr. Eddleman has identified no additional specific concerns with Applicants' Propcaed Protective Order, in the last discussion held he was unwilling to consent to the order because of his preference for the voluntary commitments he has made.-2/Applicants continue in their position that an order issued by the Board is appropriate and necessary.

Respectfully submitted, c- .

Thomas A. Baxter , P .'C .

SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.

Washington, D.C. 20036

.( 202) 822-1090 Richard E. Jones Samantha Francis Flynn CAROLINA POWER & LIGHT COMPANY '

P.O. Box 1551 Raleigh, North Carolina 27602 (919) 836-6517 Dated: March 2, 1984 2/ If, upon reflection, this situation has changed perhaps Mr. Eddleman could advise the Board during the telephone conference scheduled for March 8, 1984.

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l 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) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Amendment to Applicants' Motion for Protective Order" and revised Applicants' Proposed Protective Order" were served this 2nd day of March, 1984, by deposit in the U.S. mail, first class, postage prepaid, to the parties on the attached Service List.

<wh .

Thomas A. Baxter, P.C.

Rs

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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 2. and 2) )

SERVICE LIST Janes L. Kelley, Esquire John D. Runkle, Esquire Atomic Safety and Licensing Board Conservation Council of North Carolina U.S. Nuclear Regulatory Cm mission 307 Granville Road Washington,' D.C. 20555. Chapel Hill, North Carolina 27514 Mr. Glenn O. Bright .

M. Travis Payne, Esquire Atanic Safety and Licensing Board Edelstein and Payne U.S. Nuclear Regulatory Camission P.O. Box 12607 Washington, D.C. 20555 Raleigh, tbrth Carolina 27605 Dr. Janes- H. Carpenter - Dr. Richard D.. Wilson Atanic Safety and Licensing Board 729' Hunter Street U.S. Nuclear Regulatory Otanission Apex, North Carolina 27502 Washington, D.C.- 20555 Mr. Wells Eddlanan Charles A. Barth, Esquire 718-A Iredell Street

?Janice E. Moore, Esquire Durhan, North Carolina 27705 Office of Executive Imgal Director U.S. Nuclear Regulatory Otanission Richard E. Jones, Esquire Washington, D.C. -20555 Vice President and Senior Counsel Carolina Power & Light Ocznpany Docketing and Service Section P.O. Box 1551 Office of the' Secretary Raleigh, North Carolina- 27602 L

U.S. Nuclear Regulatory Ctanission Washington,- D.C. 20555 Dr. Phyllis Ictchin 108 Bridle Run-Mr. Daniel F. Redd, President Chapel Hill, North Carolina 27514 QGN 2/ELP

.5707-Waycross Street- Dr. Linda W. Little

. Raleigh, North Carolina 27606 Governor's Waste Managenent Board 513 Albemarle Building 325 North Salisbury Street Raleigh, North Carolina 27611 n- g - -

. Bradley W. Jones, Esquire U.S. Nuclear Regulatory Ommission Region II 101 Marrietta Street Atlanta, Georgia 30303 Ruthanne G. Miller, Esquire Atanic Safety and Licensing Board Panel U.S. Nuclear Regulatory Ocunission Washington, D.C. 20555 Mr. Robert P. Gruber Executive Director Public Staff - NCUC P.O. Box 991 Raleigh, North Carolina 27602 4

Revisrd 3

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) )

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 also determined that this confidential and proprietary informa-tion is of commercial value to Daniel and CP&L and that it in-volves certain privacy interests of Daniel employees and former Daniel employees. Therefore the Board requires protection of

. 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 dates of employment and training and qualification information in 41-1(m) when used without revealing other protected information, is proprietary and confidential information (hereafter the

" Employee Information").

2. Without limitation on disclosure to the Board and to personnel of CP&L and Daniel, ac well as their counsel, CP&L shall provide the Employee Information to Wells Eddleman subject to protection under this Order and it may be dis-closed 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". Mr. Eddleman shall file each such affidavit with the Board jn camera.

3. The Authorized Recipients will use the Employee

[- Information only for purposes of discovery, preparations

'for, and participation in the adjudication of Eddleman Contention 41 in this Proceeding, and for no other purpose.

4 4.. The Authorized Recipients will safeguard and hold in confidence the Employee Information, as well as all evaluations, data,.or notes made in connection with use of the Employee LInformation,_so that none of the Employee Information is dis-closed to.any person who is not authorized to receive it under this-Order.

5. If testimony concerning the Employee Information is

- elicited by any party through deposition, counsel for CP&L may

_- 6 designate that testimony as confidential by advising the reporter ofz such designation. Such designation shall have the effect of making the transcript of that testimony a confidential document which shall be entitled to the protection afforded Employee

.Information by this Order, unless or until the Board rules otherwise upon motion by an. interested party. Such designa-

~

tion shall be withdrawn if the Employee Information is deleted

'from a transcript by agreement of the interested parties.

If CP&L makes such a designation during the taking of an oral deposition, thenlall' persons to whom Employee Information may not be disclosed shall be, excluded from attendance at the l deposition, except-for. employees of_the NRC's Office of Executive Legal Director who execute.an affidavit, agreeing to be bound by the terms.of this Order, in the form annexed hereto as Exhibit "A".

6. Each court stenographer before whom a deposition is taken

shallibe provided with a copy of this Order'and shall execute an affidavit agreeingfto be bound by the-terms hereof in the form a"nexed hereto as Exhibit

. "A". If:the deposition is to be tran-cscribed by.someone other than the reporter in attendance during

'theltaking 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 affidavit 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 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 prepared) 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 te 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 those papers and materials and so account to CP&L.

I IT IS SO ORDERED.

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Exhibit A 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 (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.

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SWORN to [or affirmed] before me this day of , 1983 Notary Public My Commission Expires: .

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