ML20207R763

Protective Order.* Listed Procedures Shall Govern Production of Protected Documents by Texas-Lousiana Electric Cooperative of Texas for Insp & Copying by Case.Related Documentation Encl.Served on 870313

ML20207R763
Person / Time
Site:	Comanche Peak
Issue date:	03/12/1987
From:	Bloch P Atomic Safety and Licensing Board Panel
To:	TEX-LA ELECTRIC COOPERATIVE OF TEXAS, INC. (FORMERLY
References
CON-#187-2797 OL, NUDOCS 8703180112
Download: ML20207R763 (9)

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.BEFORE.THE UNITED STATES NUCLEAR REGULATORY COMMIS'SION OFFICE 0T EECREIAA i' Before the Atomic Safety and Licensing Board OOCKEilNG A EWKL BRAN:H In the Matter of ) Docket Nos. 50-445-OL Texas Utilities Electric ) 50-446-OL Company, et al. )

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(Comanche Peak Steam Electric )

Station, Units 1 and 2) } SERVED MAR 131987 PROTECTIVE ORDER In the Memorandum and Order of the Atomic Safety and Licensing Board, dated November 28, 1986, Tex-La Electric Cooperative of Texas, Inc (" Tex-La") was directed to make available to Citizens Association for Sound Energy (" CASE") the documents listed in Appendix A to Applicants' Further Supplemental Response to " CASE Response to Applicants' Motion for Protective Order re 6/27/86 Discovery and Motion to compel,"l/ except for the documents listed in said Appendix A as Nos. 1, 2, 4, 22 or 23, which CASE did not request. The Memorandum and Order further directed that such document production be subject to a protective agreement to be entered into between Tex-La and CASE in order to protect the information from Texas Utilities Electric Company ("TUEC") and avoid prejudicing the state court litigation currently in 2

progress between TUEC and the other three Applicants.

1 1/ A copy of said Appendix A is attached hereto. '

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' 0703180112 B70312 PDH 0

ADOCK 05000445 PDR

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2 Tex-La and CASE have indicated below their agreement to the protective terms set forth herein. Accordingly, it is hereby ORDERED, that the following procedures shall govern the production to CASE by Tex-La of the above-described documents which CASE requested (hereinafter the " Protected Documents") :

(1) The Protected Documents shall be made available by Tex-La for inspection and copying by CASE. Such Protected

, Documents and their content shall be disclosed by the person receiving the documents for CASE (who shall be one of the individuals named below) only to the following employees, representatives or clients of CASE:

Anthony Z. Roisman Juanita Ellis Billie Garde Mark Walsh Jack Doyle Barbara Boltz David H. Boltz At the request of counsel for the NRC Staff, the Protected Documents shall be made available by Tex-La for inspection and copying also by the NRC Staf f.2/ Such Protected Documents and their content shall be disclosed by the person receiving 2/ Counsel for Tex-La believes that the Board's November 28, 1986 Memorandum and Order requires the disclosure of the Protected Documents also to the NRC Staf f, should Staf f request such disclosure.

the documents for the NRC Staff only to other persons who are part of the NRC Staf f.

(2) Upon request, the Protected Documents shall be made available by Tex-La for inspection and copying by individuals from the law firms of Ropes & Gray, Boston, Massachusetts, Bishop, Liberman, Cook, Purcell & Reynolds, Washington, D.C., worsham, Forsythe, Sampels & Wooldridge, Dallas, Texas ("Worsham, Forsythe") , and Wright & Ta =

P.C., Washington, D.C., '

all of whom appear as attorneys por y Applicants herein): provided, that the Protected Documents need not be made available to Worsham, Forsythe until af ter May 1, 1987 (the date by which, under a February 9,1987 court order disqualifying Morsham, Forsythe from representing TURC in the aforementioned state court litigation, any assistance Worsham, Forsythe provides to new counsel must be completed; provided further, that if on May 1,1987, there is pending any proceeding to reverse, set aside, or otherwise' modify such February 9, 1987 order, the Protected Documents need not be made available to Worsham, Forsythe until such proceeding, and any further appeals from such proceeding, are finally resolved in a manner which upholds the disqualification of Worsham, Forsythe. No disclosure of the Protected Documents or their content shall be made by any of the aforementioned law firms to TUBC (including any of its af filiated companies) or to any law firm which represents TUEC in litigation against Tex-La.

(3) Any person to whom Protected Documents or their content are disclosed shall not disclose the same to any other person except as expressly permitted by this Order or as may otherwise be ordered by the Board upon motion filed with the Board. Any person to whom Protected Documents or their content are disclosed shall treat the same as confidential, shall keep Protected Documents or documents disclosing their content concealed when not in immediate use, and shall take all reasonable precautions to prevent disclosure to persons not entitled thereto.

(4) Notwithstanding any other provision contained herein, this Protective Order shall cease being applicable to any of the Protected Documents which, by reason other than a b reach of the terms of this Order, is disclosed to TURC.

(5) Tex-La shall have the right to waive any restrictive requirement contained in this Order.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

1) 'n J . /

Peter B. - Bloch, Chairman ADMINISTRATIVE JUDGF Dated at Bethesda, MD this 12th day of March, 1987

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-S-AGREED TO:

A William 'H. Tu cchette Heron, Burchette, Ruckert

& Rothwell 1025 Thomas Jefferson St., N.W.

Suite 700 Washington, D.C. 20007 Attorney for Tex-La Electric Cooperative of Texas, Inc.

l A

W h wg l Anthony JtolsAan Trial L fra for Public Justice 2000 P treet, N.W., Suite 611 Washington, D.C. 20036 l

Attorney for Citizens Association for Sound Energy i

1 APPENDIX A Ii ANsunto RESPONSE OF APPLICANT TEX-LA ELBCTRIC C00FERATTVE OF TEXAS, INC.

TO CASE's JUW3 27, 1996 REQUEST '

i FOR PRODOCTION OF DOCUMENTS i

CASE'S June 27, 1984, Aequest for Production of comuments included the following roguest directed to the minority owners of the pro $est, including Tex-Las

1. All' documents in the possession of any

! of the owners of Comanche Peak Steaa Electric Station that were generated in 2

the sourse of the ' monitoring program

' . . . undertaken by Tem-La in connection with Cesanche Peak,"

including but not limited to all '

assessments, independent assessments, evaluatio meeting, and ns, raw interim datareports, generated. notas See of

. " Permits / Licenses The Minority Owners' Responsibilities, The Function of Legal Counsel," presented by William N. '

turobotte, General Counsel, Tex-La Electric Cooperative of Texas, Inc.,

! before the NRECA Committee on Joint

Ownership meeting, May 20-21, 1986, p.

S, hereinafter 'Surchette Speech" (copy attached).

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! Please include all documents (1) between the persons conducting the i assessment, monitoring, and evaluationi (2) between the persons requesting such aseeesment, monitoring, and evaluation ,

and other persons within Tex-Las and (3) between an representing, yor person employed providing by, contracting i

i or consulting services to Texas Utilities Electric company or any of j

- its perents, subsidiaries, or predecessors in interest and any person i

' at Tex =La with respect to such assessment, monitoring, or evaluation.

I 1 l In its initial response, Tex-La agreed to provide the requested documents to the extent that they did not include any communloations between Tex-La and its attorneys, any attorney work product, er any documents or writings prepared by Tex-La's consultante in anticipation of litigation. Tex-La subsequently clarified its response by listing tour specific documents as to which it asserted.a privilege and which i?. would withhold from CASE, and agreed to provide the remaining documents within the scope of the disoevery requeet.

Upon further consideration of Casa's request, Tex-La '

has determined that it will invoke the work product privilege, j pursuant to 10 c.r.R. 32.740(b) (2) and Rule la of the Federal Auies of Civil Procedure, as to the following additional

dooumonta prepared in anticipation of litigation:

' 1. Project monitoring and eve 1Untion reports prepared by  !

southern Engineering Company (' Southern Engineering")

i dated 2/85, 3/85, 4/85, 6/05, s/85, 10/85, 12/85, 2/84, and ny . gds Associates, Inc. ("GOS*) dated 4/86, 6/86, 9/04.V 2'. Southern Engineering cash flow estimates, telecopied

, from Jim McGaughy to J. B. Copeland, Brasoe Electric Power Cooperative, Inc., dated 6/23/05.

3. Memorandum by Jim Modaughy, southern Engineering, to fils, dated 8/27/85, regarding various telephone calla to TUSC.

4. Memorandum from Rugh Baker, southern Engineering, to Jim McGaughy, dated 6/26/85, regarding comanche Peak Coat Projections (with data setached) .

1/ 008 was formed in February,1986 by several former principals and employees of Southern. Shortly after its formation, oca was retained by Tex-La to continue the plant monitoring services that had been performed by southern angineering. Southern angineering's role was terminated at that time. All persone identified as working for Southern presently work for coa.

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S. Notes of Dave Garlington, Southern Engineer 1rg. m regarding TUGC0 Nac Fuello Weeting, 2/8/86. Arlington, TtNaa.

. 8. Notes of Dave Garlington, Southern Engineering,

! regarding TUCCC meeting with NRC, 12/85, Arlington, l Temas. ,

7. Notes of Dave Garlington, Southern Engineering, regarding meeting in Bethesda between CASE and NBC technical staff, 11/19/85.

4 i 4. Netos of Dave Garlington, Southern Engineering, regardin j

parties,g dated meeting in Granbury, Texas, between all 11/5/05.

l 9. Notes of Dave Garlington, Southern Engineering, j regarding meeting in Granbury, Texas, between TUGCC and NNC regarding Stone & Webster piping system analysis status, dated 10/2/05. l 4

10.

Notes of Dave Garlington, ODs, regarding 8/7/86

meeting with John Book and Terry Tyler of TUGC0

! (includes typed list of questions for John Book).

1 1 11. Notes of 4/8/84 gds tour of comanche Peak and meetings l with TUGCC personnel (author not named) .

l 12. Notee of Dave Garlington, Southern snqineering, ,

regarding 4/12/86 tour of comanche Peak and meetings ,

with TUGC0 personnel.

13. Notes of 4/17-18/86 GOS tour of comanche Peak and ,

meetings with TUGC0 personnel (author not named).

14. Notes of 4/5/06 meeting with 3111 council (auther not l named).

15. Notes of 2/10-11/06 gds tour of comanche Peak and of i 2/27/86 meeting with John Finneran, TUGCC (author not named). .

14. Notes of 12/85 00s tour of Comanche Peak and meetings with Tuoco personnel (author not named).

7 Notes of September /Cotober, 1985 gds tours of comanche Peak and meetings with TUCCO personnel (author not named).

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18. Notes of July / August, 1945 gds tours of comanche Peak and meetings with TUGCC personnel (author not named) .

19. Notes of April /May/ June, 1965 008 tours of comanche Peak and meetings with Tcoco personnel (author nok named).

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20. Randwr1tten summary of weekly status reports by Dave Garlington, southern Engineering, dated 10/10/85.

21. Bandwritten summary of Unit 2 weekly status reporta prepared by Dave Garlington, southern Engineering, dated 10/24/85.

12. Letter from John Butta, President of Tex-La, to Jim McGaughy, GDS, dated 4/2/04, regarding TUSC construction permit empiration.

f3. Memorandum from Jim McGaughy, GDE, to John Butta, Tex-La, and Richard McCaskill, trasos, dated April 30, 1946, regarding meeting with Bill counsil.

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