ML19294B925

Motion for Issuance of Encl Protective Order Re Certain of Tx Util Co Sys Documents Dealing W/Budgets for New Transmission Lines Between Dallas Power & Light & Tx Electric Svc.Certificate of Svc Encl

ML19294B925
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	02/21/1980
From:	Dopsovic D JUSTICE, DEPT. OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19294B923	List: ML19294B922 ML19294B925
References
NUDOCS 8003060406
Download: ML19294B925 (9)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

Before the Atomic Safety and Licensing Board In the Matter of )

HOUSTON LIGHTING & POWER )

COMPANY, et al. (South ) Docket Nos. 50-498A Texas Project, Units 1 ) 50-499A and 2) )

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TEXAS UTILITIES GENERATING )

COMPANY, et al. (Comanche ) Docket Nos. 50-445A Peak Steam Electric ) 50-446A Station, Units 1 and 2) )

MOTION FOR PROTECTIVE ORDER The Depatment of Justice (" Department"), pursuant to 10 C.F.R., section 2.790(b), moves this Honorable Board for the issuance of a Protective Order (attached hereto) concerning the public disclosure of certain documents and information (described in the proposed Protective Order) which the Department has requested from Texas Utility Company System ("TU"). No dispute exists between the Department and TU concerning the need for the Protective Order.

WHEREFORE, the Department respectfully requests that this Board enter the Protective Order attached hereto.

Respect fully submitted, odO d-David A. Dopsovic' jV u

Attorney Energy Section Antitrust Division Washington, D. C. U.S. Department of Justice February 21, 1980 (202-724-7937) 8 0 03 0 60 4LG?6

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Befort the Atomic Ssfety and Licensing Board In the Matter of )

HOUSTON LIGHTING AND POWER ) Docket Nos. 50-498A CO., et al,(South Texas ) 50-499A Project, Units 1 and 2) )

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TEXAS UTILITIES GENERATING ) Docket Nos. 50-445A COMPANY (Comanche Peak ) 50-446A Steam Electric Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that service of the foregoing Department of Justice Motion for Protective Order has been made on the following parties listed hereto this 21st day o f February, 1980, by depositing copies thereof in the United States mail, first class, postage prepaid.

Marshall E. Miller, Esquire Alan S. Rosenthal, Esquire Chairman Chairman Atomic Safety & Licensing Board Michael C. Farrar, Esquire Panel Thomas S. Moore, Ecquire U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Panel Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Michael L. Glaser, Esquire Washington, D. C. 20555 1150 17th Street, N.W.

Washington, D. C. 20036 Jerome E. Sharfman, Esquire U.S. Nuclear Regulatory Sheldon J. Wolfe, Esquire Commission Atomic Safety & Licensing Board Washington, D. C. 20555 Panel U.S. Nuclear Regulatory Chase R. Stephens, Secretary Commission Docketing and Service Branch Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Samuel J. Chilk, Secretary Washington, D. C. 20555 Of fice o f the Secretary of the

. Commission Jerome Saltzman U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D. C. 20555 U.S. Nuclear Regulatory Commission Washington, D. C. 20555

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Mr. William C. Price Roy P. Lessy, Esquire Central Power & Light Co. Michael Blume, Esquire P. O. Box 2121 U.S. Nuclear Regulatory Corpus Christi, Texas 78403 Commission Washington, D. C. 20555 G. K. Spruce, General Manager City Public Service Board Jerry L. Harris, Esquire P.O. Box 1771 City A t t o r r. e y ,

San Antonio, Texas 78203 Richard C. Balough, Esquire Assistant City Attorney Perry G. Brittain City of Austin President P.O. Box 1088 Texas Utilities Generating Austin, Texas 78767 Company 2001 Bryan Tower Robert C. McDiarmid, Esquire Dallas, Texas 75201 Robert A. Jablon, Esquire Spiegel and McDiarmid -

R.L. Hancock, Director 2600 Virginia Avenue, N.W.

City o f Austin Elect ric Washington, D. C. 20036 Utility Department P. O. Box 1088 Dan H. Davidson Austin, Texas '78767 City Manager City o f Austin G. W. Oprea, Jr. P. O. Box 1088 Executive Vice President Austin, Texas 78767 Houston Lighting & Power Company Don R. Butler, Esquire P. O. Box 1700 1225 Southwest Tower Houston, Texas 77001 Austin, Texas 78701 Jon C. Wood, Esquire Joseph Irion Worsham, Esquire W. Roger Wilson, Esquire Merlyn D. Sampels, Esquire Matthews, Nowlin, Macfarlane Spencer C. Relyea, Esquire

& Barrett Worsham, Forsythe & Sampels 1500 Alamo National Building 2001 Bryan Tower, Suite 2500 San Antonio, Texas 78205 Dallas, Texas 75201 David M. Stahl, Esquire Joseph Knotts, Esquire Isham, Lincoln & Beale Nicholas S. Reynolds, Esquire Suite 701 Debevoise & Liberman 1050 17th Street, N.W. 1200 17th Street, N.W.

Washington, D. C. 20036 Washington, D. C. 20036 Michael I. Miller, Esquire Douglas F. John, Esquire James A. Carney, Esquire Akin, Gump, Hauer & Feld Sarah N. Welling, Esquire 1333 New Hampshire Avenue, N.W.

Isham, Lincoln & Beale Suite 400 4200 One Firsb National Plaza Washington, D. C. 20036 Chicago, Illinois 60603

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Morgan Hunter, Esquire Robert Lowenstein, Esquire McGinnis, Lochridge & Kilgore J. A. Bouknight, Esquire 5th Floor, Texas State Bank William J. Franklin, Esquire Building Lowenstein, Newman, Reis, 900 Congress Avenue Axelrad & Toll Austin, Texas 78701 1025 Connecticut Avenue, N.W.

Washington, D. C. 20036 Jay M. Galt, Esquire Looney, Nichols, Johnson E. W. Barnett, Esquire

& Hayes Charles G. Thrash, Jr., Esquire 219 Couch Drive J. Gregory Copeland, Esquire Oklahoma City, Oklahoma 73101 Theodore F. Weiss, Jr., Esquire Bcker & Botts Kno]and J. Plucknett 3000 One Shell Plazs Executive Director Houston, Texas 77002 Committee on Power for the Southwest, Inc. Kevin B. Pratt, Esquire 5541 East Skelly Drive Assistant Attorney General Tulsa, Oklahoma 74135 P.O. Box 12548 Capital Station John W. Davidson, Esquire Austin, Texas 78711 Sawtelle, Goode, Davidson

& Tioilo Frederick H. Ritts, Esquire 1100 San Antonio Savings Law O f fices of Northcutt Ely Building Watergate 600 Building San Antonio, Texas 78205 Washington, D.C. 20037 W. S. Robson Donald M. Clements, Esq.

General Manager Gulf St ates Utilities Company South Texas Electric P.O. Box 2951 Cooperative, Inc. Beaumont, Texas 77704 Route 6, Building 102 Victoria Regional Airport Mr. G. Holman King Victoria, Texas 77901 West Texas Utilities Co.

P. O. Box 841 Robert M. Rader, Esquire Abilene, Texas 79604 Conner, Moore & Corber 1747 Pennsylvania Ave., N.W. W. N. Woolsey, Esquire Washington, D.C. 20006 Kleberg, Dyer, Redford & Weil 1030 Petroleum Tower R. Gordon Gooch, Esquire Corpus Christi, Texas 78474 John P. Mathis, Esquire Steven R. Hutisicker ,

Baker & Botts

• 1701 Pennsylvania Avenue, N.W.

Washington, D. C. 20006 David A. D o p s o'v i c , [A t o r n e y Energy Section 7 Antitrust Division Department of Justice

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

HOUSTON LIGHTING & POWER )

COMPANY, et al. (South ) Docket Nos. 50-498A Texas Project, Units 1 ) 50-499A and 2) )

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TEXAS UTILITIES GENERATING )

COMPANY, et al. (Comanche ) Docket Nos. 50-445A Peak Steam Electric ) 50-446A Station, Units 1 and 2) )

PROTECTIVE ORDER At the deposition of Mr. Leon Lovelese, a Vice President of Texas Power & Light Company ("TP&L"), on December 7, 1979, the Department of Justice (" Department") requested the gas supply contracts between TP&L and Lone Star Gas Company and the gas supply contracts between TP&L and Exxon Corporation. Similarly, at the deposition of Mr. Gerson Berman, another Vice President of TP&L, on December 10, 1979, the Department requested the budgets for new transmission lines of TP&L for the last five years (1975-1979). The Department subsequently expanded the latter request to include the budgets for new transmission lines of Dallas Power & Light Company and Texas Electric Service Company.

All these companies are part of the Texas Utilities Company System ("TU"). TU has alleged that these documents are of a confidential or proprietary nature, the release or disclosure of which to third parties could seriously impair TU's relationship with other utilities. Attorneys for TU have negotiated this

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_2-Protective Order with the Department, and the Department has agreed to the entry of this Order protecting the confidentiality of the aforementioned information and documents designated by TU as "Confioential," provided, however, that the Department may challenge the claimed confidentiality of any documents or information for which TU seeks protection.

WHEREFORE, IT IS ORDERED that the aforementioned documents

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produced by TU to the Department for inspection and copying and designated as " Confidential" shall be subject to the following restrictions:

1. Confidential documents and information therein shall not be disclosed to any person other than (a) counsel for parties to this proceeding and those assisting counsel for such parties, including necessary secretarial, paralegal and clerical personnel; (b) independent consultants and technical experts and their staff who are assisting counsel in connection with this litigation; (c) qualified court reporters involved in reporting matters in this litigation; and (d) the Nuclear Regulatory Commissior

(" Commission"), the Atomic Safety and Licensing Board (" Board"),

the presiding officer or Commission's Staff.

2. Con fidential documents and information contained therein shall not be made available to any person designated in paragraph 1(b) unless they shall have first read this Order and shall have agreed, in writing (a) to be bound by the

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terms thereof, (b) not to reveal such confidential documents and information solely for the purpose of this proceeding; provided, however, that nothing in this Order shall prevent the Department of Justice from disclosing documents produced under the terms of this Order that indicate any violation of law or statute to the agency of the Federal Government authorized to prosecute such violation; but further provided, that TU be given ten (10) days written notice prior to the disclosure of such. documents outside of the Antitrust Division of the Department of Justice or the Of fice of the Attorney General. It is understood that before seeking judicial relief, the furnishing party will consult the Department in an e f fo rt to reach an agreement concerning the appropriate protection of such materials.

3. If the Commission or the Board orders that access to or dissemination of confidential documents and information defined above shall be made to persons not included in paragraph 1 above, such matter shall only be accessible to, or disseminated to, such persons based upon the conditions pertaining to, and the obligations arising from this Order, and such persons shall be considered subject to it.

4. Any portion of a transcript in connection with this proceeding containing any confidential documents or information contained therein shall be bound separately and filed under seal. When any confidential documents or information contained

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therein are included in an authorized transcript of a deposition or exhibits thereto, arrangements shall be made with the court

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, reporter taking the deposition to bind such confidential portions and separately label them " TEXAS UTILITIES, CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER." Before a court reporter receives any such document or information, he or she shall have agreed in writing to be bound by the terms thereof.

5. Any confidential document or information defined above is to be treated as such within the meaning of 5 U.S.C. 522(b)(bi and 18 U.S.C. 1905, subject to a final ruling, after notice, by the Commission, Board, the presiding officer, or the Commission's Freedom of Information Act Of ficer to the contrary, or by appeal of such a ruling, interlocutory or otherwise.

6. If confidential documents or information are disclrsed to any person other than in the manner authorized by this Protective Order, the person responsible for the disclosure must immediately bring all pertinent facts relating to such disclosure to the attention of counsel for TU and the presiding officer, and without prejudice to other rights and remedies of TU, make every effort to prevent further disclosure by counsel or by the person to whom the document or information was communicated.

7. Nothing in this Order shall affect t i'e admissibility into evidence of confidential documents or information defined above, or abridge the right of any person to seek judicial review or to pursue other appropriate judicial action with respect to any

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ruling made by the Commission, its Freedom of In format ion Act O f ficer , the Board or the pesiding officer concerning the issue of the st atus o f con fidential business information.

8. Upon final termination of this proceeding, each person that is subject to this Order shall assemb'le and return to counsel for TU all confidential documents and information contained therein, including all copies o f such matter which may have been made, but not including copies containing notes or other atterney's work-product that may hava been placed thereon by counsel for the receiving party. This paragraph shall not apply to the Commission, the Board, the presiding of ficer or the Commission's St af f, which shall retain such material pursuant to statutory requirements and for other record keeping purposes, but may destroy those additional copies in its possession which regards as surplusage.

A copy o f this order shall be sarved on all parties.

It is sc ordered.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Marshall E. Miller, Chairman Dated at Bethesda, Maryland this day o f