ML20204E640

Protective Order.* Issues Protective Order to Govern Use of All Proprietary Data Contained in License Transfer Application or in Participants Written Submission & Oral Testimony.With Certificate of Svc.Served on 990324

ML20204E640
Person / Time
Site:	Seabrook
Issue date:	03/24/1999
From:	Moore T Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, MONTAUP ELECTRIC CO., NEW ENGLAND POWER CO.
References
CON-#199-20131 99-764-01-LT, 99-764-1-LT, LT, NUDOCS 9903250090
Download: ML20204E640 (6)

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i ZO/3I DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 39 MR 24 P2 :59 Before Administrative Judge:

OH Thomas S. Moore, Presiding Office'r,. . l ADJUD SERVED WR 2 4 1999 Docket No. 50-443-LT In the Matter of NORTH ATLANTIC ENERGY SERVICE ASLBP No. 99-764-OI-LT CORP. et al.

(Seabrook Station, Unit 1) March 24, 1999 PROTECTIVE ORDER i

By Memorandum and Order dated March 5, 1999, CLI-99-06, 49 NRC __, __ (1999), in the above-captioned docket, the Nuclear ,

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Regulatory Commission ("NRC") directed that a hearing be held in l accordance with 10 C.F.R. Part 2, Subpart M on the issue of whether the Montaup-to-Little Bay License Transfer Application I meets the NRC rules for financial qualifications regarding Seabrook's operating expenses.

The License Transfer Application, submitted September 29, 1

1998, and a Supplement, thereto, submitted March 8, 1999, 1 included the submission of Proprietary Data for consideration by l I

the NRC. '

As directed by Commission Order CLI-99-06, the Participants submitted a proposed joint Protective Order regarding the 9903250090 990324 ,

PDR ADOCK 05000443 C PDR hh0 ,

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Proprietary Data accompanying the License Transfer Application and the Supplement thereto as well as any other Proprietary Data that.may be included in the Participants' written submissions and oral testimony to the Presiding Officer.

In response to this request, the Presiding Officer hereby issues.the following Protective Order:

This Protective Order shall apply to and govern all Proprietary Data contained in the License Transfer Application and the Supplement thereto or contained in any of the Participants' written submissions and oral testimony.

This Order shall govern the use of all such Proprietary Data by the Participants'to the proceeding: New England Power Company, I

and its representatives; Little Bay Power Corporation, and its )

i representatives; and Montaup Electric Company, and its j representatives. It shall also apply to the following two Entities and their representatives who are permitted by Commission Order CLI-99-06 to submit amicus curiae briefs in this proceeding to the extent that such Proprietary Data may be )

provided to them: North Atlantic Energy Service Corporation and.

the United Illuminating Company. l

-All proprietary Data shall be treated as confidential and i shall be maintained by each Participant or Entity in a secure  !

i place. Access to Proprietary Data shall be limited to the

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designated counsel for each such Participant or Entity and to the i

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k designated experts or witnesses who may testify in this proceeding and to those persons who assist the designated expert or witness in the preparation of such testimony, provided that no such person employed by New England Power Company and/or New England Power Service Company shall be engaged in the trading of electricity at wholesale, and that the identities of any such persons, and their positions of employment, are furnished l beforehand to the owner of such Proprietary Data.

Except for the owner of the Proprietary Data, no Participant or Entity having access to such Proprietary Data may use such information of any purpose other than the preparation of written submissions and testimony to the Presiding Officer in this proceeding.

All copies of all documents containing Proprietary Data, including any documents filed with the Commission, the Presiding Officer, or any court of law, shall be appropriately marked

" Proprietary Data Subject to Protective Order." Any such documents filed with the Commission, Presiding Officer, or court of law shall be filed and served in sealed envelopes bearing prominent markings indicating the contents include Proprietary Data subject to this Protective Order; electronic filings of such documents shall similarly indicate prominently in the subject heading and/or message that the attached documents contain Proprietary Data subject to this Protective Order. Service of i

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documents containing' Proprietary Data (both hard copy and electronic) shall be limited to NRC officials and personnel and the Participants' designated counsel. Redacted copies deleting such Proprietary Data shall be served in accordance with the Service List and requirements provided'for by Commission. Order CLI-99-06.

l Within fifteen days after the date on which an Order terminating this proceeding becomes no longer subject to judicial review, the Participants and the Entities, above listed, l

including their representatives, shall return such Proprietary I

Data to the owners thereof, and shall destroy any other documents containing such Proprietary Data.  !

.The NRC shall protect such Proprietary Data in accordance with the provisions.of 10 C.F.R. S-2.790.

It is so ORDERED. l Presiding Officer l

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CCV Thomas S. Moore ADMINISTRATIVE JUDGE Rockville, Maryland March 24; 1999 i

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of NORTH ATLANTIC ENERGY SERVICES CORP. Docket No.(s) 50-443-LT AND MONTAUP ELECTRIC COMPANY (Seabrook Station, Unit No. 1)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB PROTECTIVE ORDER DTD 3/24 have been served upon the following persons by U.S. mail, first class, except {

as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate Thomas S. Moore 1 Adjudication Presiding Officer  !

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555 Mail Stop - T-3 F23 i U.S. Nuclear Regulatory Commission Washington, DC 20555 John Ritsher, Esq. Lillian M. Cuoco, Esq.

Thomas G. Dignan, Jr., F~ . William J. Quinlan, Esq.

Ropes & Gray Northeast Utilities Service Company One International Place 107 Selden Street Boston, MA 02110 Berlin, CT 06037 David A. Repka, Esq. Barton Z. Cowan, Esq.

Winston & Strawn Eckert Seamans Cherin & Mellott, LLC 1400 L Street, N.W. 600 Grant Street, 44th Floor Washington, DC 20005 Pittsburgh, PA 15219 ,

1 Edward Berlin, Esq. Frank W. Getman, Jr.

Swidler Berlin Shereff Friedman President and Chief Exec. Officer 3000 K Street, NW, Suite 300 BayCorp Holdings, Ltd.

Washington, DC 20007 20 International Drive, Suite 301 Portsmouth, NH 03801

Docket No.(s)50-443-LT-LB PROTECTIVE ORDER DTD 3/24 John F.~Sherman, Esq.

Associate General Counsel James F. Crowe James S. Robinson, Vice President The United Illuminating Company New England Power Company' 157 Church Street 25 Research Drive P. O. Box 1564 Westborough, MA 01582 New Haven, CT 06506 Gerald Charnoff, Esq.

Paul A. Gaukler, Esq.

Shaw, Pittman, Potts & Trowbridge 2300 N Street, NW Washington, DC 20037 ,

Dated at Rockville, Md. this 24 day of March 1999 h@ wg Office of the Secretary'of the Coitnission l

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