ML20081D795

Forwards State of Mi Circuit Court Protective Order Entered by Stipulation in Dow Litigation

ML20081D795
Person / Time
Site:	Midland
Issue date:	10/27/1983
From:	Steptoe P CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Bechhoefer C, Cowan F, Harbour J Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8311010342
Download: ML20081D795 (5)

Text

s l SHAM, LINCOLN & BEALE

. s y COUNSELORS ATLAW s

00CKETEri THftEE FIRST NATIONAL PLAIA CHICAGO iLUNOISeonor IDWARD S ISMAM 1872 1802 , WASHINGTON OFhCE g g g ) ,

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October 27, 1983 OS$h , 'k In the Matter of )

) Docket Nos. 50-329-OM CONSUMERS POWER COMPANY ) 50-330-OM

) 50-329-OL (Midland Plant, Units 1 ) 50-330-OL -

and 2) )

Charles Bechhoefer, Esq. Dr. Jerry Harbcur Atomic Safety & Licensing Atomic Safety & Licensing Board Panel - Board Panel U.S. Nuclear Regulatory Com- U.S. Nuclear Regulatory Com-mission mission Washington, D. C. 20555 Washington, D. C. 20555 Dr. Frederick P. Cowan 6152 N. Verde Trail Apt. B-125 Boca Raton, Florida 33433

Dear Administrative Judges:

Enclosed is a copy of a Protective Order which has been entered by stipulation in the Dow litigation.

Please note that it has been drafted to avoid any con-flict with discovery or disclosure-obligations which may arise in this NRC proceeding'.

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8311010342 931027 l6 i

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STATEOFMICHICM4

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IN THE CIRCUIT CCURT FOR THE CCUNTI 0F $4IDLAND g/ ,

, d THE OCW CHEMICAL COMPANY, Plaintiff, ( , \s Case 'fo. 83-002232-CK-0 vs. '

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g; HON. DAVID SCOTT DeWITT

,* CONSUMERS PCWER CCMPAHY, ,

Defendant.

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PROTECTIVE CROE7 s

At a session of said Court, held in the of Midland, State City of Midland, of Michigan, on County 6:e #Av .20, /s/>.

PRESENT: HON. DAVID SCOTT DeWITT Midland County Circuit ludge

t. g The parties hereto, having stipulated te the stry of this order; NOW, THEREFORE, IT IS CROERED as follcws: ,

1. Any document produced by either party'*o this acticn (the

" Producing Party") for inspection or ccpying by the other party (the "Olscovering Party"), which is designated by the Producing Party as

" Confidential", shall be used by the Discovering Party only for the purposes of this litigatten and for no other purpose, except as otherwise permitted in this order. The Oi.scovering Party shall not make such documents er the A

information contained therein available to any person, except:

ss (a) such ernpfoyees, former employees and agdats of the Olscovering Party as are involved in the prosecutien or defense of the claims and'ccuntercialms in this action; (b) attorneys engaged or employed by the 01scovering Party and their supporting staffs; '

(c) any expert witness, censultant er otner persen or firm-engaged by the 01scovering Party or its attorneys to assist in connection with this action; -

(d) the United States Nuclear Regulatory Ccmmission, the Michigan Public Service Ccmmission or any other judicial, administrative or

, legislative bofy (each of which is hereafter referred to as a " Governmental

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, Entity"), or to,a party to a proceeding before such Governmental Entity. l

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where such disclosure is made pursuant to:

! (1) the co,mpulsory process or order of such a Governmer.tal Entity; or (11) the obligation of the Olscovering Party to make such disclosure to such Governmental

. Entity or to a party to a proceeding

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. before such a Governmenta1 Entity. ,

Before making any disclosure under this subparagraph (d), the Discovering Party shall give ten (10) days' prior written notice to the Producing Party of its intent to do so, together with a description of the documents to be disclosed, so as to allow the Producing Party an opportunity to petition the Governmental Entity to whom, or pursuant to whose process, such disclosure Is to be made, for such relief as it deems appropriate. The Discovering Party may make the disclosure described in its notice to the Produc'ing Party, unless otherylse ordered by such Governmental Entity prior to expiration of the ten day period described above.

- 2. By stipulating to this order, neltner party has waived its right to assert before any Governmental Entity that the documents which it has designated as " Confidential" shall be treated as such by such Governmental Entity or by any person who, pursuant to the process, procedures or disclosure requirements of such Governmental Entity, comes ,

into possession of such documents or the information contained therein.

3. Nothing in paragraph I shall prevent the parties from using documents designated as " Confidential", or the information contained therein, in any proceeding in this action such as,-but not limited to:

(a) discovery'deposttions; (b) motions, briefs and pleadings; (c) argument before the Court; (d) trial or appeal.

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4. The Producing Party may designate particular documents as  !

" Confidential" only by stamping on each page of the document to be so designated the phrase " Confidential Pursuant to the Order of the Midland

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County Circuit Court." When so designated, the document may be used for all

,. 1 purposes described in paragraphs 1 and 3, except that any pleadings, briefs or other papers flied by the parties In this action which quote, refer to or attach the " Confidential" document shall be filed with this Court in a i

sealed envelope with the following text on the outside:

"This envelope contains confidential materlat flied under seal subject to the provisions of a Protective Order entered by this Court on October;Ea, 1983. This envelope may not be opened except by the Judge to whom this case is assigned, unless otherwise ordered by this Court."

5. The Clerk of this Court shall maintain all pleadings filed

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pursuant to the provisions of paragraph 4 in such a manner as to preserve their confidentiality and to prevent disclosure except as permitted in this order.

6. The Producing Party may designate a document as " Confidential" only if it contains Trade Secrets. As used herein, a " Trade Secret' consists of any formula, pattern, device or comp 111ation.of infcrmation (including a business plan or forecast, a financial plan or forecast, a method, technique cr process) that:

(a) is used in one's business and which gives the business an opportunity to obtain an advantage over ccmpetitors who do not know or use It; and (b) has been the subject of efforts by the Producing Party that are reasonable under the circumstances to maintain its secrecy; and (c) has not previously been publicly disclosed.

The Discovering Party may, by notice in writing to the Producing Party.

challenge such designation and, falling agreement between the Olscovering Party and the Producing Party as to the apprcpriateness of such designation, either party may present the matter to this Co'Jrt for determination.

, 7. Nothing in this order shall prevent the Discovering Party from disclosing any document designated as " Confidential" by the Producing Party or the information contained therein, free of the restrictions of this order, if such document or information:

(a) is or becomes a matter of public record (except by

. violation of this order); or .

l (b) has come into the possession of the Olscovering Party

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1 frcm sources other than through discovery taken of the Producing Party in this action. ,

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8. Any portion of a transcript of a deposition taken in this action (including exhibits attached thereto) of an individual, which is designated by either party as " Confidential", as defined herein, shall be subject to all of the provisions of this order dealing with the production .

of documents.

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9. Before making any documents designated as " Confidential"-or l

the information contained therein available to any person described in ,

< paragraph 1(c), the Discovering Party shall obtain from that person a i

written a;knowledgment that he has been given a copy of this order, has read it and agrees to be bound by all of its terms.

10. At the conclusion of this litigation, all documents, including copies, designated by either party as " Confidential" and in the possessicn of the Olscovering Party or any other person to whcm such documents were made available by the Olscovering Party pursuant to paragraph 1(a-c) of this

order (except such documents as were also made available by the Discovering i Party pursuant to paragraph 1(d) of this order or were publicly disclosed j otherwise than by action of the Discovering Party), shall be returned to the Producing Party unless the parties reach agreement on other arrangements for the disposition of such documents.

11. This order shall be modified upon written stipulation of the parties and may be modified upon motion of either party, for good cause i shown.

/r/ odbeO. &at'- d?4%h DAVID SCOTT CeaITT Midland County Circuit Judge We hereby stipulate to the

. entry of this order:

BARRIS, SOTT, DEC & DRIKER LAN OFFICF gF HERBERT W BY By: h /4/b-Eugene"JFTAer (P-12959)

Hgptert s.3 M arcs (P-13il2)

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Attorneys 1(c;/Censumers Pcwer KIRKLAND & ELLIS Company 0: .

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to neys fer The scw Chemical Ccmpany

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