ML20204H162
| ML20204H162 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 03/22/1999 |
| From: | Gaukler P SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Moore T Atomic Safety and Licensing Board Panel |
| References | |
| CON-#199-20141 LT, NUDOCS 9903290023 | |
| Download: ML20204H162 (7) | |
Text
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SHAW PITTMAN POTf5eTROWBFJDGE DOCMETED uomwmume - -c"""
US'!RC 2300 N street. N.W.
Washmston. D.C. 20037-1128 202.663m00
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tifR 26 A10:30 Facsumle 202.663.8007 PAUL A. CAUKLER New hk 0_t,
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, s.f March 22,1999 By U.S. Mail and E-Mail Administrative Judge Thomas S. Moore Presiding Officer Atomic Safety and Licensing Board Panel Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re:
In the Matter of North Atlantic Energy Service Corp., et al.
(Seabrook Station, Unit 1), Docket No. 50-443-LT
Dear Judge Moore:
Enclosed please find a draft Protective Order in this matter to which the parties have agreed.
Sincerely, N
Paul A. Gaukler Enclosure 9903290023 990322 PDR ADOCK 05000443 0
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t, DOCKETED USNRC W MR 26 A10:30 09, UNITED STATES OF AMERICA RU: '
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, @F NUCLEAR REGULATORY COMMISSION BEFORE PRESIDING OFFICER:
THOMAS S. MOORE In the Matter of
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NORTH ATLANTIC ENERGY
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SERVICE CORP.
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Docket No. 50-443-LT etal.
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(Seabrook Station, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of the draft Protective Order and cover letter to Judge Moore in the above captioned proceeding were served upon the persons listed below by U.S.
mail, first class, postage prepaid, with copies by electronic mail as indicted by an asterisk (*)
this 22nd day ofMarch,1999.
Secretary of the Commission
- Office of Commission Appellate U.S. Nuclear Regulatory Commission Adjudication Attn: Rulemakings and Adjudications U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, D.C. 20555 (original and two copies)
(E-mail: SECY@NRC. gov) 4 0
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Administrative Judge Thomas S. Moore
- Office of General Counsel Presiding Officer U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, D.C. 20555 Mail Stop T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (E-mail: tsm2@nrc. gov)
Edward Berlin, Esq.*
John F. hanan, Esq.
Swidler Berlin Sherreff Friedman Associate General Counsel 3000 K Street, NW, Ste. 300 New England Powei Company Washington,DC 20007 25 Research Drive (E-mail: eberlin@swidlaw.com)
Westborough,MA 01582 Lillian M. Cuoco, Esq.*
David A. Repka, Esq.*
William J. Quinlan, Esq.
Winston & Strawn Northeast Utilities Service Company 1400 L Street, NW 107 Seldon Street Washington,DC 20005 Berlin,CT 06037 (E-mail: drepka@winston.com)
(E-mail: cuocolm@nu.com;quiniwj@nu.com)
Barton Z. Cowan, Esq.*
John Ritsher, Esq.*
Eckert Seamans Cherin & Mellott, LLC Thomas G. Dignan, Jr., Esq.
600 Grant Street,44th Floor Ropes & Gray Pittsburgh,PA 15219 One Intemational Place (E-mail: bzc@escm.com)
Boston, MA 02110-2634 (E-mail: jritsher@ropesgray.com; tdignan@lopesgray.com)
James F. Crowe Frank W. Getman, Jr.*
The UnitedIlluminataing Company President and Chief Executive Officer 157 Church Street BayCorp Holdings, Ltd.
P.O. Box 1564 20 International Drive, Suite 301 New Haven, CT 065%
Portsmouth, NH 03801-6809 (E-mail: fgetman@baycorpholdings.com)
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b i'aul A. Gaukler
UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION BEFORE PRESIDING OFFICER:
THOMAS S. MOORE In the Matter of
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NORTH ATLANTIC ENERGY
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Docket No. 50-443-LT SERVICE CORP.
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(Seabrook Station, Unit 1)
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PROTECTIVE ORDER (Issued
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By Memorandum and Order dated March 5,1999 (CLI-99-06) in the above-captioned docket, the Nuclear Regulatory Commission ("NRC") directed that a hearing be held in accordance with 10 CFR Part 2, Subpart M on the issue of whether the Montaup-to-Little Bay License Transfer Application meets the NRC rules for financial qualifications regarding Seabrook's operating expenses.
The License Transfer Application, submitted September 29,1998, and a Supplement, thereto, submitted March 8,1999, included the submission of Proprietary Data for consideration by the NRC.
As directed by the Commission's Order (CLI-99-06), the Participants submitted a proposed joint Protective Order regarding the Proprietary Data accompanying the License l
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.
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-o In response to this request, the Presiding Officer hereby issues the following Protective Order:
1.
This Protective Order shall apply to and govem 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.
2.
This Order shall govem the use of all such Proprietary Data by the Participants to the proceeding: New England Power Company, and its representatives; Little Bay Power Corporation, and its representatives; and Montaup Electric Company, and its representatives. It shall also apply to the following two Entities and their representatives, who are permitted by the Commission Order CLI-99-06, to submit amicus cunae briefs in this proceeding, to the extent that such Proprietary Data may be provided to them: Nonheast Utilities Service Company and i
The United Illuminating Company.
3.
All Proprietary Data shall be treated as confidential and shall be maintained by each Participant or Entity in a secure place. Access to Proprietary Data shall be limited to the designated counsel for each such Panicipant or Entity and to the 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 i
trading of electricity at wholesale, and that the identities of any such persons, and their positions of employment, are furnished beforehand to the owner of such Proprietary Data.
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4.
Except for the owner of the Proprietary Data, no Participant or Entity having access to such Proprietary Data may use such information for any purpose other than the preparation of written submissions and testimony to the Presiding Officer in this proceeding.
5.
All copies of all documents containing Proprietary Data, including any documents filed with the Commission, the Presiding Officer, or any court oflaw, shall be appropriately marked " Proprietary Data Subject to Protective Order." Any such documents filed with the l
Commission, Presiding Officer, or court oflaw shall be filed and served in sealed envelopes bearing prominent markings indicating that the contents include Proprietary Data subject to this l
Protective Order; electronic filings of such documents shall similarly indicate prominently in the 1
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subject heading and/or message that the attached documents contain Proprietary Data subject to this Protective Order. Service of 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 Coannission Order CLI-99-06.
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6.
Within fifteen days after the date of an Order terminating this proceeding becomes no longer subject to judicial review, the Participants and the Entities, above listed, including their representatives, shall retum such Proprietery Data to the owners thereof, and shall destroy any other documents containing such Proprietary Data.
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7.
The NRC shall protect such Proprietary Data in accordance with the prod. ions of 10 CFR { 2.790.
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4 Thomas S. Moore Presiding Officer Dated at Rockville, Maryland, this day of March,1999.
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