Case No: 90-ERA-56

IN THE MATTER OF

URSULA KOSCIUK,
   Complainant,

vs.

CONSUMERS POWER COMPANY,
   Respondent.

Hon. Robert G. Mahony

   1. On January 23, 1991, a subpoena issued by the Chief Administrative Law Judge was served by certified mail on Advanced Nuclear Fuels Corporation ("ANF"), requesting the production of documents by January 24, 1991. Pursuant to this stipulation, the production of the following documents at ANF's facility in Richland, Washington, at a date and time to be agreed to later, shall be deemed to be in full compliance with said subpoena. The documents will be produced pursuant to the protective order set forth below.

   2. The following documents will be produced by ANF and are subject of the protective order:

I. Documents regarding the Palisades Nuclear Plant Cycle 8 LOCA Analysis performed by ANF for Consumers Power Company, including:

A. All reports generated as a result of the Cycle 8 LOCA analysis;

B. All microfiche of computer runs performed during the Cycle 8 LOCA analysis, including models used, input data, results and computer printouts;

C. The amount of water left in the Downcomer after the Blowdown for different break sizes (DELGB - 0.4, 0.6 and 0.8).

II. Palisades Cycle 8 Startup and Operations Report ANF-88-161(P), dated 10/88, including computer runs and results and data used in generation of the cooldown curve for beginning of Cycle 8 as found in table A.32.

Table A.32:
Tabluation data for Palisades Cycle 8
shutdown Boron Concentration vs. Primary
Coolant System temperature, K-EFF1.0,
HZP PDIL, Figure 6.21.

III. ANF Report XN-NF-81-68 for Palisades Startup and operation.

IV. ANF Report 88-107 dated 08/02/88 titled "Palisades Large Break LOCA/ECCS Analysis with Increased Radial Peaking."

V. Letter from Ursula M. Kosciuk to H.G. Shaw on estimates of best estimates of Large Break LOCA studies for Palisades dated 1989.

   3. The documents described in paragraph 2 above shall not be disclosed or used in any fashion unless in strict compliance with the following order.

   4. It is agreed that ANF will not be required to produce any documents relating to ANF's ongoing development of a realistic evaluation methodology (referred to in the original subpoena as "best estimate method LOCA studies") for evaluating an emergency core cooling system (ECCS) under postulated loss of coolant accidents (LOCA) as allowed by 10 CFR 50.46(a)(1)(i). However, ANF does stipulate to the following.

I. ANF is developing a realistic ECCS evaluation methodology for a large break LOCA, which development program is ongoing and proprietary to ANF.

II. It is intended that once a realistic evaluation methodology is developed to ANF's satisfaction it will be submitted to the NRC for approval pursuant to 10 CFR 50.46.

III. The NRC has been formally advised that ANF is developing a realistic large break LOCA evaluation methodology as an alternative to ANF's NRC approved 10 CFR 50 Appendix K evaluation model.

IV. Any information and documents ANF may possess as part of ANF's realistic evaluation methodology development program are proprietary to ANF, preliminary in nature and are not approved by the NRC.

V. ANF has not performed a realistic large break LOCA evaluation, as part of its ongoing development program, for the Palisades nuclear power plant.

VI. The only large break LOCA analysis that has been performed for the Palisades nuclear power plant for Cycle 8 or for any other cycle was performed using ANF's 10 CFR Part 50 Appendix K evaluation model approved by the NRC, which is not the realistic evaluation methodology presently under development by ANF.

    It is ordered:

   5. The documents described in paragraph 2 above shall be used only in Case NO. 90-ERA-56.

   6. The documents described in paragraph 2 above shall not be given to any person or agency except for complainant, her attorney and the Administrative Law Judge or Judges responsible for adjudicating Case No. 90-ERA-56. If any documents covered by this order are provided to the Administrative Law Judge, either as an exhibit or otherwise, appropriate steps will be taken by the complainant and her attorney to ensure that the confidentiality of the documents are preserved. Before the documents are introduced as exhibits, not less than five days' notice shall be provided to ANF to permit ANF to appear before the Administrative Law Judge to discuss confidentiality safeguards, if such safeguards cannot be arranged to the satisfaction of ANF, the documents will not be introduced as exhibits.

   7. Complainant and her attorney shall:

    (a) Not reveal the nature or contents of any document

produced pursuant to this order to any person not subject to this order;

    (b) Not use any document for purposes other than those set forth in paragraph 5 & 6 of this order;

    (c) Not permit any document to leave his or her personal custody and control, except as set forth in paragraph 6 & 7 of this order;

    (d) Not transcribe, copy or record the contents of any documents; and

   (e) Promptly return the documents and all copies thereof to counsel for ANF when they are no longer needed for Case NO. 90-ERA-56.

   8. If complainant or her attorney knowingly violate any provision of this order, the party violating the agreement agrees to pay ANF ,000 for each violation and the documents produced pursuant to this stipulation and order shall be immediately returned to ANF.

DATED THIS 22nd day of May, 1991.

    ROBERT G. MAHONY
Administrative Law Judge

I STIPULATE TO THE ENTRY OF THE ABOVE ORDER.

    GERARD S. WELCH
    Attorney for Advanced Nuclear
    Fuels Corporation
    155 108th Avenue, N.E.
    P.O. Box 90777
    Bellevue, WA 98009-0777
    Phone: (206) 453-4300

    BY:
       GERARD S. WELCH
       Attorney for Advanced Nuclear
       Fuels Corporation

I STIPULATE TO THE ENTRY OF THE ABOVE ORDER.

    JOHN T. BURHANS (P32176)
    Attorney for Complainant
    505 Pleasant Street, Suite 204
    St. Joseph, MI 49085
    Phone: (616) 982-8505

    BY:        JOHN T. BURHANS (P32176)
       Attorney for Complainant