ML20140E646

Forwards Proposed Revised Protective Order,Including Certain Matls ASLB Ordered Applicants to Produce in Response to Case 850904 Request.Applicants & Case Request That ASLB Approve & Execute Order

ML20140E646
Person / Time
Site:	Comanche Peak
Issue date:	03/25/1986
From:	Horin W BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Bloch P, Jordan W, Mccollom K Atomic Safety and Licensing Board Panel
References
CON-#186-570 OL, NUDOCS 8603280095
Download: ML20140E646 (5)

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b law OFFICES OF BISHOP, LIBERMAN, COOK, PURCELL & REYNOLDS 1200 S EVENTE EN TH STR EET, N. W. 00CMETED WAS HINGTON, D. C. 2003 6 (202) 857-9800 86 MAR 26 All:29 SI5 MOP, LIS ERMAN & COOR TELEX 440574 INTLAW Us 1155 AvCNUE OF TME AMEpsCAS TELECOPIER (202) 857-9846 March 25, 19 8 6 00CMETING A Ed o"'" ' ""' "'" ' "" ' **

BRANCH La'a) 704-O'OO TELEX 222767 WRITER'S DIR ECT DIAL (202)

Peter B. Bloch, Esquire _Dr. Kenneth A..McCollom Chairman, Atomic Safety Administrative Judge and Licensing Board Dean,- Division of Engineering, U.S. Nuclear Regulatory Architecture and Technology Commission. Oklah'oma State University-Washington, D.C. Stillwater, Oklahoma 74074 Dr. Walter H. Jordan Elizabeth B. Johnson Administrative Judge Oak Ridge National Laboratory 881 W. Outer Drive P.O. Box X, Building 3500 Oak Ridge, Tennessee 37830 Oak Ridge, Tennessee. 37830 Subj: Texas Utilities Electric Company, et al.

(Comanche Peak Steam Electric Station,.

Units 1 & 2); Docket Nos. 50-445, 5 0-4 4 6 -C C_

Dear Administrative Judges:

Attached is a copy of a proposed Revised Protective Order.

Applicants and CASE request that the Board approve and execute the revised protective order (the accompanying Statement of Non-Disclosure has also been revised). This revision would expressly include within the scope of the protective order certain materials the Board ordered. Applicants to produce in response to CASE's 9/4/85 request'for document: production. .(See Memorandum' and Order (Discovery),. December 23, 1985, at 1-2 (Request 1.g.).)

A conforming amendment was also made to paragraph 3-to reflect the Staff requirements described in paragraph 1. The Staff acquiesces in these revisions to the Protective Order.

T Sincerel ,

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PDR ADOCK O PDR- William A. orin 0 Counsel for Applicants Attachments cc: Hand or Express Delivery l Service List (First Class Mail) 1

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

) Docket Nos. 50-445 and i TEXAS UTILITIES ELECTRIC ) 50-446 l COMPANY, ET AL. )

) (Application for (Comanche Peak Steam Electric ) Operating Licenses)

Station, Units 1 and 2) )

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REVISED PROTECTIVE ORDER It has come to the attention of the Board that several potential witnesses and other individuals who may have knowledge of issues in this proceeding h' ave been granted pledges of confidentiality by the Applicants and the Intervenor. Applicants have interviewed or otherwise requested information from their. employees regarding certain matters and in doing so have made pledges of confidentiality to them not to

. release their identity. Applicants also maintain in their a

files information regarding these or other employees as to which Applicants and/or the subject employees have certain expectations of privacy. Intervenor has advised Applicants of various witnesses, the identities of whom it feels bound not to disclose because it has obtained information from them on a confidential basis. Both parties feel bound by their pledges of confidentiality and/or existing expectations of privacy even

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~though release of the identities of or other information regarding these individuals may be necessary for-the '

development of a full record.

In view of the foregoing and at the request of the Parties, it is hereby ORDERED that:

1. The party who made a pledge of confidentiality or who possesses information as to which expectations of privacy exist shall reveal to the other parties in this proceeding.the identity of or information

. regarding an individual to whom'the pledge was made or privacy expectations exist, provided those parties

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sign the Statement of.Non-disclosure attached to.this Order, or is an NRC employee subject to the internal requirements of NRC Manual Appendix 2101, concerning the treatment of protected information;

2. The party on whose behalf a Statement of Non-disclosure is executed shall, prior to.the execution of that Statement, notify the party.that pledged confidentiality or possesses information as to which privacy expectations exist of its intention to execute such a Stat'ement, including in this notice the identity of the individual intending to execute the Statement. The party so notified shall have the opportunity to' object to the execution of the Statement of Non-disclosure, provided such objection-c

.; is made as qui'kly as possible, but in any event, no later than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> after receipt of such notice;

3. The parties to whom disclosure is made shall not disclose the-identity of the individual or such information as to which expectations of privacy exist, unless required by law, except.for purposes of preparing their case in this proceeding and then only when the person to whom disclosure is made acknowledges his obligation to be bound by the terms of this Protective-Order by executing the attached Statement of Non-disclosure or is an NRC employee subject to the internal requirements of NRC Manual Appendix 2101, concerning the treatment'of protected inf,ormation; ,

4. 'Th'a parties shall maintain a separate service list identifying the individuals who receive documents subject to this Protective Order. These documents

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shall be identified as subject to this Protective Order;

5. Persons who receive information subject to this Protective Order shall use it solely in. connection with this proceeding;.

6. Any person who has reason to believe that documents including protected information have been lost or misplaced or any person who has reason to believe that the terms and conditions of this Protectiv'e Order have been violated shall notify the Board.

7. Should a party determine that'information. discovered by it is sufficiently important.to be introduced into' evidence, the Board will at that time consider whether the protective order should be. lifted in the' interest of having a complete public record.

'It-is so ORDERED.

PETER BLOCH e

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STATEMENT OF NON-DISCLOSURE I, , have been. informed of a Revised Protective Orde'r issued by the Licensing Board in the Comanche Peak operating license proceeding (Docket Nos. 50-445 and 50-446). I understand that this Order guarantees confidentiality to potential witnesses and others who have disclosed information on a confidential basis to Intervenor or 1

! Applicants or where certain rights or privacy exist. I~ agree-to be bound by the terms and conditions of that Protective

. Order once the identity of or information regarding.any such

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j individual is revealed to me. A copy of the Order has.been j provided to me.

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