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).
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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.
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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.
ORDER
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
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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