ML19309E892

Motion for Issuance of Protective Order Re Tx Pirg Request for Public Disclosure of Util Jan 1980 Rept,South Tx Nuclear Project,Qa & Qc,Mgt Assessment Survey for Brown & Root,Inc. Draft Protective Order & Certificate of Svc Encl

ML19309E892
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	04/02/1980
From:	Biddle C HOUSTON LIGHTING & POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8004240538
Download: ML19309E892 (9)

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April 2, 1980

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i

In the Matter of S S

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-466 S

(Allens Creek Nuclear Generating S Station, Unit 1) S MOTION FOR PROTECTIVE ORDER ,

Houston Lighting & Power Company ("HL&P") , pur-suant to 10 CFR Section 2.740 (c), moves for the issuance of a Protective Order (attached hereto) concerning the public disclosure of a report which HL&P has been requested to produce or disclose by Intervenor TexPirg.

The report requested by TexPirg relates to or contains information in the possession of Brown & Root, Inc., the architect-engineer for the South Texas Project.

Brown & Root believes that public disclosure of this in-formation would be oppressive in that it would seriously impair its ability to do similar surveys and studies in the future.

The report discusses a number of matters of a private, personal and confidential nature and includes, among other things, candid evaluations by the author of S

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named individual employees, verbatim extracts from responses of employees to questionnaires utilized in the survey, and other information which was provided the authors by the participants in the survey with the expectation that their privacy would be respected. Brown & Root believes that indiscriminate public disclosure would obviously impair its future ability to utilize surveys of this nature as a management tool. Accordingly, the attached protective order is requested in order to prevent oppression as to Brown & i Root and to prevent potential embarassment to individual employees of Brown & Root. i-Counsel for HL&P has been authorized by TexPirg to represent to this Board that TexPirg does not object to the entry of a protective order'in the form attached hereto. ,

WHEREFORE, HL&P respectfully requests that this f

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Board enter the protective order attached hereto.

, Respectfully submitted,

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OF COUNSEL:

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h J. Gregory Copeland

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C. Thomas Biddle, Jr. V BAKER & BOTTS Charles G. Thrash, Jr.

3000 One Shell Plaza 3000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS, Jack R. Newman AXELRAD & TOLL Robert H. Culp 1025 Connecticut Ave., N.W. 1025 Connecticut Ave., N.W. -

Washington, D. C. 20036 Washington, D. C. 20036 ATTORNEYS FOR APPLICANT l HOUSTON LIGHTING & POWER COMPANY l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S S

HOUSTON LIGHTING & POWER COMPANY $ Docket No. 50-466 S

(Allens Creek Nuclear Generating S Station, Unit 1) S PROTECTIVE ORDER

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On February 12, 1980, Intervenor TdxPirg filed its Seventh Set of Interrogatories to Applicant. In this request, [

TexPirg requested certain documents related to complaints by QA inspectors. One such document is a report entitled

" South Texas Nuclear Project, Quality Assurance and Quality Control, Management Assessment Survey for Brown & Root, Inc.

(January, 1980)". Both Houston Lighting & Power Company ("HL&P")

and Brown & Root are willing to produce this report to  !

TexPirg for its inspection and copying. However, Brown &

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Root believes that public disclosure of this information would be oppressive in that it would seriously impair its ability to do similar studies in the future. TexPirg has advised that it has no objection to the entry of a Protec-I tive Order protecting the confidentiality of the following

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described documen:. and the information contained therein.

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i WHEREFORE, IT IS ORDERED that the document entitled:

South Texas Nuclear Project, Quality Assurance and Quality Control, Management Assessment Survey for Brown & Root, Inc.

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(January, 1980), and the information contained therein, shall be accorded confidential treatment and subject to the i following restrictions:

1. The foregoing document and information con-tained therein shall not be disclosed to any person other than (a) counsel for parties to this proceeding, including necessary secretarial and clerical personnel assisting such counsel; (b) qualified persons taking testimony involving such documents I or information and necessary stenographic and clerical person-nel thereof; (c) independent consultants and technical experts  ;

and their staff who are engaged directly in this litigation;  ;

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and (d) the Commission, the Board, the presiding officer, or Commission's staff.

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2. The foregoing document and information con-tained therein above shall not be made available to any person L designated in paragraph 1(c) unless they shall have first read this order and shall have agreed, in writing (a) to be bound by the terms thereof; (b) not to reveal such document or information to anyone other than another person designated in paragraph one; and (c) to utilize such document and in-formation solely for purposes of this proceedin~.

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3. If the Commission or the Board orders that access to or dissemination of the foregoing document and in-formation contained therein shall be made to persons not i

included in paragraph 1 above, such matter shall only be accessible to, or disseminated to, such persons based upon the conditions pertaining to, and obligations arising from I

this order, and such persons shall be considered subject to it.

4. Any portion'of a transcript in connection with this proceeding containing the foregoing document or informa-tion contained therein shall be examined in camera and shall be bound separately and filed under seal. If said document or information is included in an authorized transcript of a deposition or exhibits thereto, arrangements shall be made with the court reporter taking the deposition to bind such

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portions and separately label them " Company's Name"), BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER" . Before a court

.. reporter receives any such document or information, he or she shall have first read this order and shall have agreed in writing to be bound by the terms thereof.

5. Any documents or information defined above are to be accorded confidential treatment within the meaning of 5 U.S.C. 552 (b) (4) and 18 U.S.C. 1905, subject to a final Commission ruling, after notice, under the Freedom of In-formation Act or 10 C.F.R. 52.790.

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6. If said document or information is disclosed to any person other than in the manner authorized by this protective order, the person responsible for the disclosure must immediately bring ali. pertinent facts relating to such disclosure to the attention of counsel for Brown & Root, Inc. '

and Houston Lighting & Power Company and the presiding officer and, without prejudice to other rights and remedies of Brown

& Root, Inc. and Houston Lighting & Power Company, make every effort to prevent further disclosure by it or by the person who was the recipient of such information.

7. Nothing in this order shall affect the admis- -

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sibility into evidence of the foregoing documents or information contained therein, or abridge the right of any person to seek judicial review or to pursue other appropriate judicial action with respect to any ruling of the Commission concerning the availability to the public of said business information. ,

8. Upon final termination of this proceeding, each person that is subject to this order shall assemble and return to counsel for Houston Lighting & Power Company all documents and information defined above, including all copies of such matter which may have been made, but not including

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copies containing notes or other attorney's work product that may have been placed thereon by counsel for the receiv-ing party. All copies containing notes or other a t t orr,ty 's

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work product shall be destroyed. This paragraph shall not apply to the Commission, t.he Board, the presiding officer or the Commission's staff, which shall retain such material pursuant to sta'tutory requirements and for other record keeping purposes, but may destroy those additional copies in its possession which it regards as surplusage.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Dated:

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UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICEPSING BOARD In the Matter of S S -

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-466 ,

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(Allens Creek Nuclear Generating S

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Station, Unit 1) S CERTIFICATE OF SERVICE j I hereby certify that copies of the foregoing -

Applicant's Motion for Protective Order in the above-captioned proceeding were served on the following by deposit in the postage prepaid, or by hand-delivery t United this Ln&States day mail,her,l of , 1980.

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Sheldon J. Wolfe, Esq., Chairman Richard Lowerre, Esq.

Atomic Safety and Licensing Assistant Attorney General ,

Board Panel for the State of Texas l U.S. Nuclear Regulatory Commission P. O. Box 12548 Washington, D. C. 20555 Capitol Station Austin, Texas 78711  ;

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Dr. E. Leonard Cheatum Route 3, Box 350A Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 ,

Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe ,

U.S. Nuclear Regulatory Commission County Judge, Austin County Washington, D. C. 20555 P. O. Box 99 Bellville, Texas 77418  ;

Chase R. Stephens i Docketing and Service Section Atomic Safety and Licensing  ;

Office of the Secretary of the Appeal Board l Commission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 '

R. Gordon Gooch, Esq. Atomic Safety and Licensing Baker & Botts Board Panel 1701 Pennsylvania Avenue, N. W. U.S. Nuclear Regulatory Washington, D. C. 20006 Commission Washington, D. C. 20555

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Steve Sohinki, Esq. Carro Hinderstein Staff Counsel 8739 Link Terrace U.S. Nuclear Regulatory Commission Houston, Texas 77025 W enington, D. C. 20555 Leotis Johnston ,

Bryan L. Baker 1407 Scenic Ridge l 1118 Montrose Houston, Texas 77043 Houston, Texas 77019 Rosemary N. Lemmer J. Morgan Bishop 11423 Oak Spring 11418 Oak Spring Houston, Texas 77043 Houston, Texas 77043 D. Marrack Carolina Conn 420 Mulberry Lane 1414 Scenic Ridge Bellaire, Texas 77401 Houston, Texas 77043 Brenda McCorkle Elinore P. Cumings 6140 Darnell Route 1, Box 138V Houston, Texas 77074 '

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Rosenberg, Texas 77471 W. Matthew Perrenod -

Stephen A. Doggett, Esq. 4070 Merrick P. O. Box 592 Houston, Texas 77025  !

Rosenberg, Texas 77471 Wayne E. Rentfro John F. Doherty P. O. Box 1335 4327 Alconbury Rosenberg, Texas 77471 Houston, Texas 77021 James M. Scott i Robert S. Framson 8302 Albacore Madeline Bass Framson Houston, Texas 77074 4822 Waynesboro Houston, Texas 77035 Robin Griffith 1034 Sally Ann  :

Rosenberg, Texas 77471 C.

• Thomas 2d Biddle, Jr.

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