ML20212N524

Forwards Proposed Protective Order Agreed to by Case & Tex-La,per Board 871128 Order,For Approval & Signature. Certificate of Svc Encl

ML20212N524
Person / Time
Site:	Comanche Peak
Issue date:	03/09/1987
From:	Rosiman A Citizens Association for Sound Energy, TRIAL LAWYERS FOR PUBLIC JUSTICE, P.C.
To:	Bloch P, Jordan W, Mccollom K Atomic Safety and Licensing Board Panel
Shared Package
ML20212N527	List: ML20212N524
References
CON-#187-2759 OL, NUDOCS 8703130061
Download: ML20212N524 (12)

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TRat. LAWYERS FOR PUBUC juSTlyscMO couNstttons At tm USNRC suiTt 6n 2000P57 RET.NORTHMS@ SR 11 P6 :13 ANi g,V g g N

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(202)463-8600

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WHISILLSLOWIa NtoptCT aAa8AaA raAn orrc t m ANA a n mA HLitN UMMRSATCH March 9, 1987 Peter B. Bloch, Chairman Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission 4350 East-West Highway, 4th floor Bethesda, MD 20814 Dr. Walter H. Jordan Administrative Judge 881 West Outer Drive Oak Ridge, TN 37830 Dr. Kenneth A. McCollom Administrative Judge 1107 West Knapp Stillwater, OK 74075 RE:

Texas Utilities Electric Co. (Comanche Peak)

Dkt. Nos. 50-445, 446-OL Gentlemen In compliance with this Board's order of November 28, 1986, enclosed is,the proposed Protective Order agreed to by CASE and Tex-La.

We hereby request your approval'and signature of this Protective Order.

Sincerely,

,1-* : :_=-

Anthony 4 R

sman Counsel f r SE A'/R/bp cc service list 0703130061 070309 PDH ADUCK 00000445

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BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of;

)

Docket Nos. 50-445-OL Texas Utilities Electric

)

50-446-OL

- Company, et al.

)

)

(Comanche Peak Steam Electric

)

Station, Units 1 and 2)

)

PROTECTIVE ORDER i

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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 Eneroy

(" CASE") the documents listed in Appendix A to Applicants' Further Supplemental Response to " CASE Response to Applicants' Motion l

for Protective Order re 6/27/86 Discovery and Motion to Compel,"1/ 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 subiect 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 progress between TUSC and the other three Applicants.

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

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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 shc11 govern the production to CASE by Tex-La of the W2ove-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 2. Roisman Juanita Ellis Billie Garde Mark Malsh Jack Doyle Barbara Bolts David H. Bolts 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 r should Staf f request such disclosure.

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

(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 F Gray, Boston, Massachusetts, Bishop, Liberman, Cook, Purcell & Reynolds, Washington, D.C., Worsham, Forsythe, Sampels & Wooldridge, Dallas, Texas ("Worsham, Forsythe"), and Wright & Talisman, P.C.,

Washington, D.C.,

all of whom appear as attorneys for Applicants herein) orovided, 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 Worsham, Forsythe from representing TUEC 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 finallit 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 TURC (including any of its af filiated companies) or to any law firm which represents TUEC in litigation against Tex-La.

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- (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 breach of the terms of this Order, is disclosed to TUEC.

(5)

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

FOR THE ATOMIC SAFETY AND LICENSING BOARD Peter B.

Bloch, Chairman ADMINISTRATIVE JUDGE

-S-AGREED TO:

William'H.'Burchette 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.

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[ AnthonyW hwg

. ftelspan Trial La fra (or Public Justice 2000 P

treet, N.W., Suite 611 Washington, D.C.

20036 Attorney for Citizens Association for Sound Energy J

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l APPENDIX A AMENDED RESPONSE CF AF9LICANT TEX-LA ELECTRIC CCCF5AATIVE CF TEXAS, INC.

TO CASE' 8 JUN327, 1984 REQUEST FOR PRODUCTION OF DOCUMENTS CASE'8 June 27,1984, Request for Production of Documents included the following request directed to the minority owners of the project, including Tex-Las All' documents in the possession of any

, 1.

of the ownera of Comanche Peak Steaa Electrio Station that were generated in the course of the " monitoring program

... undertaken by Tex-La in connection with Comanche Peak,"

including but not limited to all assessments, independent assessmente, evaluations, interia reporte, notes of meeting, and row data generated, see "Feraits/ Licensee The Minority Owners' Responsibilities, The Function of Legal Counsel," presented by William N.

aurohette, General Counsel, Tex =La Electric Cooperative of Texas, Inc.,

before the NRBCA Cor.aittee on Joint ownership meeting, May 20-21, 1988, p.

5, hereinafter 'Surchette speech" (copy attached).

Please include all documents (1) between the persons conducting the assessment, monitoring, and evaluations (2) between the persons requesting such aseeeement, monitoring, and evaluation and other persons within Tex-Las and (3) between an representing, y person employed by, or providing contracting or consulting services to Texas Utilities Electric Company or any of its parents, subsidiaries, or predecessors in interest and any person at Tex =La with respect to such assessment, monikering, or evaluation.

t 2.

In its initial response, Tex-La agreed to provide the requested documents to the extent that they did not include any communio4tions between Tex =La and its. attorneys, any attorney work product, or any documents or writings consultants in anticipation of litigation. prepared by Tex-La's Tex-La subsequently clarified its response by listing four specific dooumonta as to which it asserted a privilege and which it would withhold from CASE, and agreed to provide the remaining documents within the scope of the discovery request.

Upon further consideration of cAss's request, Tex-La l

has determined that it will invoke the work product privilege, Pursuant to 10 C.F.R. 32.740(b) (2) and Rule as of the Federal Ruies of Civil Procedure, as to the following additional documents prepared in anticipation of litigation:

1.

Project monitoring and evaluation reporta prepared by Bouthern Engineering company (' Southern Engineering")

dated 2/85, 3/85, 4/85, 8/85, 8/85, 10/85, 12/85, 2/06, and by/ gds Associates, Inc.

(" gds") dated 4/86, 6/86, 9/86.a 2'.

Southern Engineering cash flow estimates, telecopied from Jim McGaughy to J. D. Copeland, Brasoe Electrio Power Cooperative, Inc., dated 6/23/05.

3.

Memorandus by Jim Modaughy, Southern Enfineering, to file, dated 8/27/85, regarding various telephone es11s to TUSC.

l 4.

Memorandum from Rugh Baker, southern Engineering, to Jim McGaughy, dated 6/28/85, regarding Comanche Peak Cost Projections (with data attached).

E/

0D8 was formed in February, 1986 by several former principals and employees of Southern.

Shortly after its formation, CDs was retained by Tex-La to continue the plant monitoring services that had been performed by Southern Engineering.

Southern angineering'e role was terminated at that time.

All persons identified as working for Southern presently work for gds.

. 5.

Notes of Dave Gerlington, Southern Engineering,-

regarding TUGCO Nhc Public Meeting, 2/6/86, Arlington, Texas.

6.

Notes of Dave Garlington, Southern Engineering, regarding TOGCC meeting with NRC, 12/85, Arlington, Texas.

7.

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

8.

Notes of Dave Garlington, Southern Engineering, parties,g meeting in Granbury, Texas, between all regardin dated 11/S/85.

9.

Notes of Dave Garlington, Southern Engineering, regarding meeting in Granbury, Texas, between TUGCC and NRC regarding Stone & Webster piping system analysis status, dated 10/2/85.

10.

Notes of Dave Garlington, ODS, regarding 8/7/88

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meeting with John Beck and Terry Tyler of TUGC0 (includes typed list of questions for John Beck).

11.

Notes of 8/8/86 GDS tour of Comancho Peak and meetings with TUGCC personnel (author not named).

12.

Notes of Dave Garlington, Southern Engineering, regarding 6/12/86 tour of Comanche Peak and meetings with TUGCo personnel.

13.

Notes of 4/17-18/86 GDS tour of Comanche Peak and meetings with TUGC0 personnel (author not named).

14.

Notes of 4/5/86 meeting with Bill council (author not named).

15.

Notes of 2/10-11/86 gds tour of Comanche Peak and of 2/27/86 meeting trith John Finneran, TUGCC (author not named).

16.

Notes of 12/85 GDS tour of Comanche Peak and meetings with TUGCC personnel (author not named).

7 Notee of September / October, 1985 gds tours of comanche Peak and meetings with TUGC0 personnel (a,uthor not named).

- g 2

4-13.

Notes of July / August, 1985 gds tours of comanche Peak and meetings with TUGCC personnel (author not named).

i 19.

Notes of April /May/ June, 1985 GD8 tours of Comanche Peak and meetings with TUCCO personnel (author not named).

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20.

Randwr1tten summary of weekly status reports by Dave t

Garlington, Southern ",ngineering, dated 10/10/85.

21.

Randwritten summary of Unit 2 weekly status reports prepared by Dave Garlington, Southern Engineering, dated 10/24/85.

12.

Letter from John 3utts, President of Tex-La, to Jim McGaughy, GDS, dated 4/2/86, regarding TUSC construction permit empiration.

M.

Memorandum from Jim McGaughy, gds, to John Butta, Tex-La, and Richard McCaskill, Brasos, dated April 30, 1986, regarding meeting with Bill counsil.

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UNITED ST TES OF AMERICA 00 EDL

- i NUCLEAR. REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD B7 ME 11 P6 :13

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In-the Matter of

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0FFICE OF SELEtDGY

-TEXAS UTILITIES GENERATING

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00CKETINgERVICE COMPANY, et al.

)

Docket Nos. 50-4I$-OL

)

and-50-446-OL (Comanche Peak Steam Electric

)

. Station, Units 1 and 2)

)

CERTIFICATE OF SERVICE

.By my signature below, I hereby certify that true and

' correct copies of PROTECTIVE ORDER have been sent to the persons listed below this 9th day of March 1987 by:

Express mail where indicated by *; Hand-delivery where indicated by **; and First Class Mail unless otherwise' indicated.

T Administrative Judge Peter B.

Bloch U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Dr. Kenneth-A. McCollom 1107 West Knapp Stillwater, Oklahoma 74075 Dr. Walter H. Jordan 881 W. Outer Drive Oak-Ridge, Tennessee 37830 l

Elizabeth E. Johnson l

Oak-Ridge National Laboratory l-F.O.' Box X, Building 3500 Oak Ridge, TN 37830 L

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' Robert A., Wooldridge, Esquire Worsnam, For syth e ', Sampels

-& Wooldridge

2001, Bryan Tower, Suite'3200

' Dallas, Texas -75201

.Geary S. Mizuno, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.

205b5 Docketing & Service Section Office.of the Secretary U.S. Nuclear Regulatory Commission.

Washington, D.C.

205SS-Renea Hicks, Esquire Assistant Attorney General Environmental Protection Division Supreme. Court Building Austin, Texas 78711 Mrs. Juanita Ellis President, CASE 1426 S.

Polk Dallas, Texas -75224 Mr. W.G.

Counsil Executive.Vice President Texas Utilities Generating Co.

Skyway Tower, 25th-Floor 400 N. Olive Street Dallas, Texas 75201 Thomas Dignan, Esq.

Ropes li Gray 225 Franklin Street Boston, Massachusetts 02110 Foster.De Reitzes, Esq.

Heron, Burchette, Ruckert & Rothwell Suite 700 1025 Thomas Jefferson St.,

NW Washington, D.C.

20007 Mm

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