ML071490203
| ML071490203 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 05/18/2007 |
| From: | Cosgrove J Lewis, Reed & Allen, PC |
| To: | NRC/SECY/RAS |
| SECY RAS | |
| References | |
| 50-255-LT, RAS 13689 | |
| Download: ML071490203 (11) | |
Text
UNITED STATES OF AMERICA DOCKETED USNRC BEFORE THE NUCLEAR REGULATORY COMMISSION May '18,.2007 (2:52pm)
OFFICE OF SECRETARY RULEMAKINGS AND In the Matter of ADJUDICATIONS STAFF CONSUMERS ENERGY COMPANY, NUCLEAR MANAGEMENT COMPANY, LLC and Docket No. 50-255 ENTERGY NUCLEAR PALISADES, LLC and ENTERGY NUCLEAR OPERATIONS.
(Palisades Nuclear Plant, License No. DPR-20)
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT INTRODUCTION On August 31, 2006, CONSUMERS ENERGY COMPANY, NUCLEAR MANAGEMENT COMPANY, LLC, ENTERGY NUCLEAR PALISADES, LLC and ENTERGY NUCLEAR OPERATIONS, INC. (collectively "Applicants") submitted to the U.S. Nuclear Regulatory Commission ("NRC") an Application for Order and Conforming License Amendment for License Transfer ("Application"). The Application included the submission of documents containing financial information deemed by the Applicants to be sensitive and proprietary ("sensitive financial information"). On November 16, 2006, the NRC published a Notice of Consideration of Approval of Transfer of Facility Operating License and Conforming Amendment and Opportunity for Hearing in the Federal Register (Vol 71, No. 221).
II. CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
- 1. This Confidentiality and Non-Disclosure Agreement applies to and governs the Applicants, CONSUMERS ENERGY COMPANY, NUCLEAR MANAGEMENT
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n COMPANY, LLC, ENTERGY NUCLEAR PALISADES, LLC and ENTERGY NUCLEAR OPERATIONS, INC. and the Petitioners, TOWNSHIP OF COVERT and COUNTY OF VAN BUREN, and their agents and representatives (including those described in Paragraph 3 below), with respect to these entities' provision, use, return and destruction of sensitive financial information contained in the Application.
- 2. The Applicant agrees to provide to Richard D. Reed, attorney for TOWNSHIP OF COVERT and COUNTY OF VAN BUREN ("Petitioners") either one paper copy of the complete unredacted License Transfer Application filed with the Nuclear Regulatory Commission, or an electronic text file of each document. Each page of each document provided by the Applicant to the Petitioners will be prominently marked: "Sensitive Financial Information Subject to Confidentiality and Non-Disclosure Agreement." The Applicant will provide paper copies of the document(s) and/or the storage medium containing the electronic file(s) (e.g., a CD-ROM or diskette),in a sealed envelope bearing prominent markings indicating the envelope contains "Sensitive Financial Information Subject to Confidentiality and Non-Disclosure Agreement."
- 3. Petitioners and their attorney, Richard D. Reed, agree to limit the possession and use of all sensitive financial information and the documents provided by the Applicant which contain this information to RICHARD D. REED, attorney for Petitioners, TOWNSHIP OF COVERT and VAN BUREN COUNTY, individuals employed or retained by Petitioners or counsel for Petitioners to testify as expert witnesses in this proceeding, and to persons assisting the designated expert or 2
witness in the preparation of such testimony (and then only on a "need-to-know" basis) to the minimum extent necessary for the effective performance by that person of his or her duties in connection with the resolution of issues related to this NRC proceeding. Petitioners and their attorney, Richard D. Reed agree that before first disclosing or transmitting sensitive financial information to these individuals, each individual has executed a copy of this Confidentiality and Non-Disclosure Agreement. Petitioners agree that copies of the executed Confidentiality and Non-Disclosure Agreement will be sent to the Applicant and filed with the Commission within five days of the date of execution.
- 4. Petitioners and their attorney, Richard D. Reed agree to use the sensitive financial information provided by the Applic ant only for the preparation of written submissions and testimony in this proceeding, and appeals to the Commission. If Petitioners are required to disclose any part of the sensitive financial information in any legal or regulatory proceeding other than the NRC proceeding, then prior to such disclosure, Petitioners agree to advise the Applicant in a timely fashion so that the Applicant can either consent to the disclosure or obtain a protective order from the relevant tribunal. In any event, Petitioners and their attorney, Richard D Reed, agree to use all reasonable and available efforts to protect the confidential nature of the sensitive financial information provided to Petitioners by Applicant.
- 5. Petitioners agree to treat sensitive financial information provided to it by the Applicant as confidential, and take all reasonable and practical steps necessary to protect the confidentiality of the sensitive financial information and to prevent its dissemination beyond those expressly authorized and who have executed 3
protective agreements. Petitioners agree to store the information and documents in a secure fashion. Any documents containing sensitive financial information, or a storage medium containing electronic file(s) containing sensitive financial information (e.g., a CD-ROM or diskette) filed by Petitioners with either the Commission or the presiding officer will be filed and served in a sealed envelope bearing prominent markings indicating the envelope contains "Sensitive Financial Information Subject to Confidentiality and Non-Disclosure Agreement." Each page of each document filed by Petitioners which contains sensitive financial information (including electronic files of documents containing such information) will be prominently marked: "Sensitive Financial Information Subject to Co nfidentiality and Non-Disclosure Agreement." Petitioners shall take appropriate steps to ensure that any electronic submission of files containing sensitive financial information are transmitted only to persons and entities authorized to receive the sensitive financial information. Petitioners agree to delete and overwrite any file containing sensitive financial information before discarding or reusing any diskettes or other media on which such files are stored.
- 6. Petitioners and their agents and representatives (including the persons described in Paragraph 3 above) agree not to copy or reproduce the documents and electronic files containing sensitive financial information provided to it by Applicant except as permitted by, and in accordance with the requirements set forth in, this Confidentiality and Non-Disclosure Agreement.
- 7. Within ten days after the date on which the NRC decision or order terminating this proceeding becomes no longer subject to judicial review, Petitioners and their 4
attorney, Richard D. Reed agree to: (1)return to Applicant all documents containing sensitive financial information which were provided by Applicant to Petitioners pursuant to this Confidentiality and Non-Disclosure Agreement, (ii) destroy any other documents in its possession containing such sensitive financial information, and (iii) delete and overwrite any file containing sensitive financial information on any diskettes or other media on which such files are stored.
PETITIONERS Dated: May 1Z_ '2007 LE I E D &ALLEN, P.C.
By:
Richard . Reed Attorneys for Local Units 136 E. Michigan Ave., Suite 800 Kalamazoo, MI 49007 (269) 388-7600 APPLICANTS Dated: May ,2007 WISE, CARTER, CHILD & CARAWAY By:
Douglas E. kanway Attorneys for Entergy Applicar-)
401 East Capitol Street Jackson, MS 39201 Dated: May _ _ 2007 LeBOEUF, LAMB, GREEN & MacRAE By: S Samuel Behrends, IV WA Attorneys for Applicants Consumers Energy and Nuclear Management Company 1875 Connecticut Avenue, NW Washington, DC 20009 5
Docket No. 50-255 LT Palisades Nuclear Power Station Nondisclosure Certificate I hereby certify my understanding that access to the sensitive financial information is provided to me pursuant to the terms and restrictions of the Confidentiality and Non-Disclosure Agreement filed with the NRC on May 4, 2007, that I have been given a copy of and have read the Confidentiality and Non-Disclosure Agreement, and that I agree to be bound by it. I understand that the contents of the sensitive financial information, any notes or other memoranda, or any other form of information that copies or discloses sensitive financial information shall not be disclosed to anyone other than in accordance with that Confidentiality and Non-Disclosure Agreement and are to be used only in connection with this proceeding.
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Docket No. 50-255 LT Palisades Nuclear Power Station Nondisclosure Certificate I hereby certify my understanding that access to the sensitive financial information is provided to me pursuant to the terms and restrictions of the Confidentiality and Non-Disclosure Agreement filed with the NRC on May 4, 2007, that I have been given a copy of and have read the Confidentiality and Non-Disclosure Agreement, and that I agree to be bound by it. I understand that the contents of the sensitive financial information, any notes or other memoranda, or any other form of information that copies or discloses sensitive financial information shall not be disclosed to anyone other than in accordance with that Confidentiality and Non-Disclosure Agreement and are to be used only in connection with this proceeding.
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Docket No. 50-255 LT Palisades Nuclear Power Station Nondisclosure Certificate I hereby certify my understanding that access to the sensitive financial information is provided to me pursuant to the terms and restrictions of the Confidentiality and Non-Disclosure Agreement filed with the NRC on May 4, 2007, that I have been given a copy of and have read the Confidentiality and Non-Disclosure Agreement, and that I agree to be bound by it. I understand that the contents of the sensitive financial information, any notes or other memoranda, or any other form of information that copies or discloses sensitive financial information shall not be disclosed to anyone other than in accordance with that Confidentiality and Non-Disclosure Agreement and are to be used only in connection with this proceeding.
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UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION In the Matter of CONSUMERS ENERGY COMPANY, NUCLEAR MANAGEMENT COMPANY, LLC and Docket No. 50-255 ENTERGY NUCLEAR PALISADES, LLC and ENTERGY NUCLEAR OPERATIONS.
(Palisades Nuclear Plant, License No. DPR-20)
PROOF OF SERVICE I, JULIE A. COSGROVE, hereby certify that I am employed by the law firm of LEWIS, REED & ALLEN, P.C., and that on May 18, 2007 I served, by electronic mail the Confidentiality and Non-Disclosure Agreement and attached Nondisclosure Certificates for those persons reviewing the information supplied pursuant to same, on the following persons, addressed to their respective e-mail addresses:
Douglas E. Levanway Wise, Carter, Child & Caraway P.O. Box 651 Jackson, MS 39205 E-mail: DEL(d~wisecarter.com Sam Behrends E-mail: Sbehrendallgm.com Ahren Scott Tryon E-mail: atryon~llgm.com Arunas T. Udrys E-mail: atudrysacmsenergy.com LeBoeuf, Lamb, Greene & MacRae 1875 Connecticut Avenue, NW Suite 1200 Washington, DC 20009 1
Office of General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: OGCLT@NRC.gov SLUanrc.gov Secretary of the Commission ATTN: Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: secy(anrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ,. /.
E-mail: rmfcnrc.gov S//('i/li' Dated: May 18, 2007 A. Cosgrove BUSINESS ADDRESS:
LEWIS, REED & ALLEN, P.C.
136 East Michigan Avenue, Suite 800 Kalamazoo, Michigan 49007 Phone: (269) 388-7600 Facsimile: (269) 349-3831 E-mail: icosgrovea lewisreedallen.com 2
LEWIS REED & ALLEN P.C.
Attorneys W. Fred Allen, Jr. 136 East Michigan Avenue, Suite 800 Of Counsel Stephen Mi.Denenfeld Kalamazoo, iMichigan 49007-3975 Willy Nordwind, Jr.
Robert C. Engels Anne M. Fries Telephione 269-388-7600 Gould Fox Fax 269-349-38.31 (1905-2002)
Matthew L. Lager Dnvid A. Lewis Winfield J. Hollander Dean S. Lewis (1906-1996)
JJanies M. tMarCIuardt Michael B. Ortega William A. Redmond Rich.ard D. Reed May 18, 2007 Thomas C. Richardson Michael A. Shields Gregory G. St. Arnauld Office of the Secretary U.S. Nuclear Regulatory Commission ATTN: Rulemakings and Adjudications Staff Room 0-16-H 15 Washington, D.C. 20555-0001 Re: In the Matter of Consumers Energy Company, Nuclear Management Company, LLC, and Entergy Nuclear Palisades, LLC and Entergy Nuclear Operations (Palisades Nuclear Plant, License No. DPR-20)
Docket No. 50-255
Dear Sir/Madam:
Pursuant to the Commission's Memorandum and Order (CLI-07-18), enclosed find one signed copy of the Confidentiality and Non-Disclosure Agreement with attached Nondisclosure Certificates and of the Proof of Service regarding same. Both documents were served and filed electronically this date.
Please direct any questions you may have to the undersigned. Thank you for your assistance.
YOu'S V*ry truly, 7 P1
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j *Tl Cosgrove /
jac Enclosures