ML23222A243

Order (Protective Order Governing the Disclosure of Protected Information)

ML23222A243
Person / Time
Site:	South Texas, 07201041
Issue date:	08/10/2023
From:	Bavol R NRC/SECY
To:
SECY RAS
References
RAS 56745, 72-1041-LT, 50-498-LT, 50-499-LT
Download: ML23222A243 (7)

Text

UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION

In the Matter of:

South Texas Project Units 1 and 2 Docket Nos. 50-498-LT 50-499-LT (Indirect Transfers of Licenses) 72-1041-LT

ORDER (Protective Order Governing the Disclosure of Protected Information)

Upon consideration of the Joint Motion for Entry of a Protective Order of Constellation Energy Generation, LLC (Constellation), NRG South Texas LP and its parent companies (NRG Entities), (Constellation, NRG, and NRCs parent companies are collectively referred to herein as Applicants), the City of San Antonio, Texas acting by and through the City Public Service Board of San Antonio (CPS Energy), and the City of Austin, Texas (Austin) (Austin and CPS Energy, Petitioners), pursuant to my authority under 10 CFR § 2.346(j), I GRANT the motion and issue this Protective Order, the terms of which are as follows:

1. This Protective Order shall govern the use of all Protected Information produced or shared by, or on behalf of, the Applicants and Petitioners in this proceeding.

Protected Information consists of information designated at any time by the Applicants or Petitioners as confidential and proprietary information that is sensitive unclassified security information (SUNSI), i.e., information whose disclosure could reasonably be foreseen to harm the public interest, the commercial or financial interests of the entity or individual to whom the information pertains, the conduct of NRC and Federal programs, or the personal privacy of individual. 1 This Protective Order shall remain in effect until specifically terminated by the Presiding Officer.

1 COMSECY-05-0054, Attachment 2, NRC Policy for Handling, Marking, and Protecting Sensitive Unclassified Non-Safeguards Information at 1 (Oct. 26, 2005); see also NRC Management Directive 12.6, NRC Sensitive Uncla ssified Information Security Program (Dec.

20, 1999); NRC Regulatory Issue Summary 2005-31, Control of Security-Related Sensitive Unclassified Non-Safeguards Information Handled by Individuals, Firms, and Entities Subject to NRC Regulation of the Use of Source, Byproduct, and Special Nuclear Material (Dec. 22, 2005).

2. Representatives and employees of and consultants, experts and witnesses retained by Applicants and Petitioners shall be entitled to have access to the other partys Protected Information provided in connection with the License Transfer Application for the South Texas Project filed by Applicants on June 12, 2023 (ML23163A176)

(Application), or in any petitions filed in connection therewith, upon execution of the attached Non-Disclosure Declaration. An individual that does not execute and file the Non-Disclosure Declaration is not authorized to receive access to the Protected Information.

3. For the avoidance of doubt, given the nature of this proceeding, Applicants and Participants may jointly hold a proprietary or confidential interest in certain Protected Information or may currently have authority to access or possess such information pursuant to separate confidentiality arrangements among the parties. Nothing in this Order shall affect any preexisting proprietary or confidential interest or right to access and use Protected Information outside the context of this proceeding. Regardless of whether it has been produced in this proceeding, any pleading or other document containing confidential and proprietary information protected by separate confidentiality arrangements among the parties shall be filed and protected as a Non-Public Submission in accordance with paragraph 11 of this Order. Nothing in this Order shall preclude any person from seeking through discovery in any other administrative or judicial proceeding, information protected by this Order.

4. The terms of this Protective Order do not apply to the NRC Staff or NRC legal counsel. The NRC Staffs use of Protected Information is governed by NRC regulations and policies as well as other applicable law.

5. Protected Information shall be treated as confidential by the parties. Protected Information shall not be used except as necessary for the conduct of a proceeding on the Application. The parties shall take reasonable precautions to ensure that Protected Information is not distributed to unauthorized persons. The parties shall maintain all Protected Information in a secure location and shall not provide the Protected Information to anyone not authorized to receive it pursuant to this Order.

6. Legal counsel for the parties may allow legal staff under their supervision access to the Protected Information as necessary in the course of these proceedings. Legal counsel for the parties shall be responsible for ensuring that their staff complies with the terms of the Order.

7. Upon the termination of a proceeding on the Application or upon order by the Presiding Officer, each party shall within thirty (30) days return all materials containing Protected Information to the Applicant or destroy the materials, except that copies of filing, official transcripts, exhibits, and notes may be redacted so that only those portions containing Protected Information are destroyed.

8. Any recipient who has reason to suspect that Protected Information may have been lost or misplaced, or that Protected Information has otherwise become available to unauthorized persons, shall promptly notify the disclosing party and the Presiding Officer of those suspicions and the reason for them.

9. If, upon receipt and review of a document designated as containing Protected Information, a party determines that such document does not appear to qualify for protection, that party may file a motion with the Presiding Officer challenging such designation. The motion shall not contain any Protected Information and shall be filed as a Public Submission through the E-Filing system; the challenged documents which contain Protected Information shall be filed as an In-Camera Submission through the E-Filing system. Absent good cause shown, any such motion shall be filed within ten (10) days of receipt of the Proprietary Document. Prior to presenting any such dispute to the Presiding Officer, the parties shall consult and use their best efforts to resolve it, including, but not limited to, the use of redaction.

However, no party is obligated to redact documents containing Protected Information.

10. The Presiding Officer may alter or amend this Protective Order and resolve any disputes among the parties in connection therewith. Petitioner, Applicants, or NRC Staff may seek amendments to this Order by filing a motion for amendment. The Presiding Officer may issue additional orders concerning the use of Protected Information at a hearing if one is held on the Application.

11. Pleadings or other documents for filing that contain information protected pursuant to this Order shall be filed electronically as a Non-Public Submission using the E-Filing system. The person filing the document must properly choose the option to prevent the document from being filed in the public docket. Only the Presiding Officer, NRC Staff counsel, and the parties representatives who have executed the Non-Disclosure Declaration should have access to non-public filings. If any party discovers or realizes that a document filed in the public docket contains confidential and proprietary information, regardless of marking, it shall immediately notify the Presiding Officer and other parties and request the Presiding Officer to have such document redesignated as a Non-Public Submission in the E-filing system.

12. Any violation of this Protective Order or of any Non-Disclosure Declaration executed hereunder may result in the imposition of sanction as the Presiding Officer may deem to be appropriate. Nothing in this Order restricts or waives any partys rights to pursue any other legal or equitable remedies that may be available in the event of actual or anticipated disclosure of protected information.

13. Each party will file executed Non-Disclosure Declarations of its representatives promptly following issuance of this Order.

It is so ORDERED.

For the Commission

Rochelle Bavol Acting Secretary of the Commission

Dated at Rockville, Maryland this 10th day of August 2023

NON-DISCLOSURE DECLARATION

Under penalty of perjury, I hereby certify that:

1. I have read the ________, 2023 Protective Order issued in this proceeding and will comply in all respects with its terms and conditions regarding the Protected Information produced in connection therewith.

2. I agree not to disclose Protected Information to anyone except an authorized person.

I will protect documents containing or revealing Protected Information in written or recorded form so that the Protected Information contained therein remains at all times under the control of an authorized person and is not revealed to anyone else.

3. Neither during nor after this proceeding will I publicly reveal any Protected Information that I receive by virtue of this proceeding as long as the information remains SUNSI and is not otherwise a matter of public record.

4. I acknowledge that any violation of the terms of this declaration or the Protective Order, which incorporates the terms of this declaration, may result in the imposition of such sanctions on me that the Presiding Officer may deem to be appropriate.

WHEREFORE, I do solemnly agree to protect and keep confidential such protected information as may be disclosed to me in this proceeding, in accordance with the terms of this declaration.

Signature:_____________________________________

Name:________________________________________

Date:_________________________________________

Representing:__________________________________

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

In the Matter of )

)

STP NUCLEAR OPERATING COMPANY ) Docket Nos. 50-498-LT

) 50-499-LT South Texas Project, Units 1 and 2 ) 72-1041-LT

)

(Indirect Transfer of Licenses) )

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing ORDER (Protective Order Governing the Disclosure of Protected Information) have been served upon the following persons by Electronic Information Exchange.

U.S. Nuclear Regulatory Commission Counsel for STP Nuclear Operating Office of Commission Appellate Adjudication Company Mail Stop: O-16B33 Morgan, Lewis & Bockius, LLC Washington, DC 20555-0001 1111 Pennsylvania Ave NW E-mail: ocaamail.resource@nrc.gov Washington, DC 20004 Ryan K. Lighty U.S. Nuclear Regulatory Commission Paul Bessette Office of the Secretary of the Commission Timothy Matthews Mail Stop: O-16B33 E-mail: ryan.lighty@morganlewis.com Washington, DC 20555-0001 paul.bessette@morganlewis.com E-mail: hearingdocket@nrc.gov timothy.matthews@morganlewis.com

U.S. Nuclear Regulatory Commission Constellation Energy Generation, LLC Atomic Safety and Licensing Board Panel 101 Constitution Avenue, NW Suite 400 East Mail Stop: T-3F23 Washington, DC 20001 Washington, DC 20555-0001 Jason Zorn E. Roy Hawkens, Chairman E-mail: jason.zorn@constellation.com E-mail: roy.hawkens@nrc.gov Constellation Energy Generation, LLC U.S. Nuclear Regulatory Commission 200 Exelon Way, Suite 305 Office of the General Counsel Kennett Square, PA 19348 Mail Stop - O-14A44 Donald P. Ferraro Washington, DC 20555-0001 E-mail: Donald.Ferraro@constellation.com Anita Ghosh-Naber David Roth Counsel for Constellation Energy Susan Vrahoretis Generation, LLC Jeremy Wachutka JEMatthews Consulting, LLC E-mail: anita.ghoshnaber@nrc.gov 1135 Registry Boulevard david.roth@nrc.gov St. Augustine, FL 32092 susan.vrahoretis@nrc.gov E-mail: jematthewsxonsulting@outlook.com

STP Nuclear Operating Company (South Texas Project, Units 1 and 2 and the Associated Independent Spent Fuel Storage Installation)

ORDER (Protective Order Governing the Disclosure of Protected Information)

Counsel for NRG South Texas, LP and its parent companies Law Office of David R. Lewis 1524 Brookhaven Drive McLean, VA 22101 E-mail: davidralewis@outlook.com

Counsel for City of San Antonio, Texas, City Public Service Board of San Antonio d/b/a/ CPS Energy Balch and Bingham, LLP 1710 sixth Avenue North Birmingham, AL 35203 Melvin Blanton Alan D. Lovett Samantha J. Renshaw Jason Tompkins E-mail: sblanton@balch.com alovett@balch.com srenshaw@balch.com jtompkins@balch.com

Counsel for City of Austin, Texas d/b/a/ Austin Energy Ariane Arth, Assistant City Attorney E-mail: Ariane.Arth@austintexas.gov

Office of the Secretary of the Commission

Dated at Rockville, Maryland, this 10th day of August 2023

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