ML19207B522
| ML19207B522 | |
| Person / Time | |
|---|---|
| Site: | North Anna  |
| Issue date: | 07/06/1979 |
| From: | Daugherty T, Kendrick J ECKERT, SEAMANS, CHERIN & MELLOTT, WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | |
| References | |
| NUDOCS 7908300110 | |
| Download: ML19207B522 (11) | |
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UNITED STATES OF AMERICA ,- .
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NUCLEAR REGULATORY COMMISSION s .>. 's ATOMIC SAFETY AND LICENSING APPEAL BOARD .. d In the Matter of :
VIRGINIA ELECTRIC AND POWER COMPANY : Docket Nos. 50-338 OL *
- 50-339 OL (North Anna Power Station, Units 1 :
and 2) :
NOTICE OF SPECIAL APPEARANCE AND DRAFT PROTECTIVE ORDER
- 1. Westinghouse Electric Corporation (" Westinghouse")
hereby enters a special appearance in the above-captioned proceeding for the limited purpose of submitting certain pro-prietary Westinghouse information to the Atomic Safety and' Licensing Appeal Board (" Appeal Board") pursuant to the terms of a protective order.
- 2. John R. Kenrick, Esq., Eckert, Seamans, Cherin &
Mellott, 42nd Floor, 600 Grant Street, Pittsburgh, Pennsylvania 15219 (Telephone: (412) 566-6073), and Thomas M. Daugherty, Esq., Westinghouse Electric Corporation, Nuclear Energy Systems, P. O. Box 355, Pittsburgh, Pennsylvania 15230 (Tele-phone: (412) 373-4558) hereby enter our appearance as counsel for Westinghouse in connection with the limited participation referred to in paragraph 1 above. Mr. Kenrick is admitted to g g4 *8808 //D 4
practice before the Supreme Court of the Commonwealth of Pennsylvania and the United State J District Court for the Western District of Pennsylvania. Mr. Daugherty is admitted to practice before the Supreme Court of the State of Cali-fornia and the United States Court of Appeals for the Ninth Circuit.
- 3. In furtherance of the offer of proof of Appli-cant's counsel (Tr. 570), Westinghouse is prepared to furnish to the Appeal Board and to the Regulatory Staff two documents containing proprietary information of Westinghouse, provided that the information contained in these documents is protected from public disclosure by entry of an appropriate protective order.
The two documents which are subject to the proposed protective order are:
(a) A table entitled " Basic Event Service Experience" which lists the number of service years and assigned number of malfunctions for each basic event component in the Westinghouse fault tree analysis described in Applicant written testimony previously filed; (b) A table entitled " Basic Event Probabilities" which lists the probability estimates derived from the table identified immediately above.
65)2
- 4. Attached to this Notice is the " Affidavit of Douglas H. Shaffer", dated July 6, 1979, which documents the proprietary nature of the two aforementioned tables and sets forth the reasons why public disclosure of those tables would operate as a competitive disadvantage to Westinghouse.
- 5. Also attached to this Notice is a " Draft Protective Order" which will accord the above-identified Westinghouse proprietary information appropriate protection from public disclosure.
- 6. Westinghouse is advised by counsel for Appli-cant that counsel for the Regulatory Staff and the Common-wealth of Virginia have no objection to the entry of a protective order to preclude public disclosure of the above-identified Westinghouse proprietary information.
- 7. Westinghouse is advised by counsel for Appli-cant that counsel for intervenor Arnold is not willing to concede that the above-identified Westinghouse information is proprietary, but in view of the fact that intervenor Arnold did not participate at the hearing on this issue, her counsel does not intend to interpose an objection to treating this information in the manner that Westinghouse proposes.
852 166
- 8. Westinghouse is advised by counsel for Appli-cant that Applicant concurs in the request for issuance by this Board of the Draft Protective Order attached hereto.
WHEREFORE, Westinghouse respectfully requests that the Board issue the Draft Protective Order attached to this Notice. -
Respectfully submitted,
/s/ John R. Kenrick John R. Kenrick
/s/ Thomas M. Daugherty Thomas M. Daugherty Counsel for Westinghouse Electric Corporation Appearing Specially Dated: July 6, 1979 2 167
_4_
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of :
VIRGINIA ELECTRIC AND POWER COMPANY : Docket Nos. 50-338 OL
- 50-339 OL -
(North Anna Power Station. Units 1 :
and 2) :
DRAFT PROTECTIVE ORDER During the course of the hearing ea turbing missiles on June 20, 1979inthismatter,questionsarosejugarding certain Westinghouse Electric Corporation ("Wescinghouse")
proprietary information, public disclosure of which would operateasacompetitivedisadvantagetoWestinghousI:. As a result of these questions, the Applicant offered t?-supply proprietary information of Westinghouse consisting of~twe, one-page tables subject to the entry of an appropriat5 pro-tective order. The first table entitled " Basic Event Sr2rvice Experience" lists the number of service years and assigned number of malfunctions for each basic event component in the Westinghouse fault tree analysis described in Applicant written testimony, previously filed. The second table. entitled 1
See Affidavit of Douglas H. Shaffer dated July 6, 1979.
s 852'l68
" Basic Event Probabilities" lists the probability estimates derived from the first table.
The Board hereby grants the request for entry of a protective order and orders and authorizes the use of the Westinghouse proprietary information described above for the sole purpose of the review of the turbine missile issue in this proceeding. Westinghouse shall submit three numbered .
copies of the aforementioned tables to the Appeal Board and two numbered copies to the NRC Stsf" for review. No one shall be permitted to make copies of the aforementioned tables. No disclosure of the proprietary information de-scribed above shall be made outside the United States Nuclear Regulatory Commission or to anyone within the Commission who is not taking an active part in the review of such information.
At the close of these proceedings, all copies of the subject Westinghouse proprietary information shall be returned by each named copy recipient to:
Westinghouse Electric Corporation Nuclear Energy Systems P. O. Box 355 Pittsburgh, Pennsylvania 15230 Attention: T. M. Daugherty, Counsel ATOMIC SAFETY AND LICENSING APPEL 2:' ,
~2 169
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of :
VIRGINIA ELECTRIC AND POWER COMPANY : Docket Nos. 50-338 OL
- 50-339 OL *
(North Anna Power Station, Units 1 :
and 2) :
AFFIDAVIT OF DOUGLAS H. SHAFFER COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF ALLEGHENY :
Before me, the undersigned authority, personally appeared DOUGLAS H. SHAFFER, who, being by me duly sworn by law, deposes and says that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information and belief:
- 1. I am Douglas H. Shaffer, Consulting Mathema -
tician, Westinghouse Electric Corporation (" Westinghouse ") ,
1310 Beulah Road, Pittsburgh, Pennsylvania 15235, and I am authorized to execute this Affidavit.
- 2. The information addressed herein is: a one-page table entitled " Basic Event Service Experience" (Table 3-2), and a one-page table entitled " Basic Event Probabilities" (Table 3-3).
52 170
- 3. The Basic Event Service Experience, supplied to me in confidence, is extracted from the service records and experience of Westinghouse, which records and experience are customarily held in confidence under established proce-dures to protect confidentiality.
- 4. The Basic Event Probabilities table was calcu- .
lated under my guidance, supervision and direction and is itself confidential because it is based on confidential information provided to me.
- 5. The method of producing the Basic Event Proba-bilities Table is set forth in Appendix B of " Analysis of Probabilities of Generation and Strike of Missiles from a Nuclear Turbine", which was previously provided to the Appeal Board and the parties as Applicant Exhibit AV-3 at Tr. 542.
- 6. The information addressed herein has been pro-tected from public disclosure by Westinghouse and has not been disclosed in whole or in part by Westinghouse to any third party unless appropriate proprietary protection arrangements were previously made. Moreover, this informa-tion is not available from any source outside Westinghouse.
- 7. The previously identified service records and experience along with the estimates of probability of mal-function of equipment components constitute an underestimate of the actual reliability of such equipment components. As
_,_ 852 171
such, public disclosure of this information would allow unfair and untruthful judgments on the performance and reliability of Westinghouse equipment components and improper comparison with similar components made by com-petitors.
- 8. The supply of turbine generators to the elec- ,
tric utility industry is highly competitive. As a cot:se-quence, public release of any of the information addressed herein could be used to unfairly and improperly represent the products of Westinghouse and thereby operate to Westinghouse's competitive disadvantage.
Furthermore, the deponent sayeth not,
/s/ Douglas H. Shaffer Douglas H. Shaffer Sworn to and subscribed :
before me this 6th day :
of July., 1979. :
/s/ Florence Eszlari 852 172 Notary Public
'N.P. SEAL) My Commission expires: April 5, 1982 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Notice of Special Appearance and Draft Protective Order, together with Affidavit of Douglas H. Shaffer were served on all persons identified on Attachment 1, by depositing said copies in the United States mail, postage prepaid, this 6th day of July, 1979.
/s/ John R. Kenrick John R. Kenrick 852 173
ATTACHMENT 1 Secretary U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Attn. Chief, Docketing and Service Section Alan S. Rosenthal, Esq.
Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D.C. 20555
- Michael C. Farrar, Esq.
Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. John H. Buck Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard M. Foster, Esq.
1230 A Pearl Street Denver, Colorado 80203 Anthony J. Gambardella, Esq.
Office of the Attorney General 11 South Twelfth Street - Suite 308 Richmond, Virginia 23219 Daniel T. Swanson, Esq.
U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D.C. 20555 James N. Christman, Esq.
Hunton & Williams P. O. Box 1535 Richmond, Virginia 23212 852 174
M UNITED STATES OF AMERICA s ' . .,
8C PUBLIC D00UMEWNUCLEAR REGULATORY COMMISSION -
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD , .,Q . I In the matter of X '.**
HOUSTON L & P X Docket No. 50-466 ' . I* ' ' /,
(Allens Creek No. 1) X July 5,1979 -
9 RESPONSE OF TEX PIRG TO APPLICANTS MOTIONS FOR FURTHER PROCEDURES RELATING TO TEX PIRG INTERVENTION AND TO COMPEL FURTHER ANSWERS The Applicant made motions on June 21 and 28that relate to Tex PIRG's response to several items of discovery. The one correct issue raised relates to the fact that Tex PIRG should have either swore or affirmed its answers per Section 2.740b(b). Tex PIRG will be glad to sign their past answers under oath, but would object to sending -
another set of 20 copies. The Applicant would get the sworn copy The second issue relates to the status of Tex PIRG in the Allens Creek intervention. Tex PIRG is still a full party to the. proceeding as an organization and not just as individual members. It is true that the U. of Houston attempted to prevent Tex PIRG from raising funds from the students by the " check-off" system, but that would only limit one way of raising funds and does not effect the status of Tex PIRG as an organization at all. IF *s also true that many people believe that the Applicant, Houston L & P,was behind the attempt to remove that source of funds as they believe they were behind the removal of funds that supplied the salary of Andy Samsom one of Tex PIRG's expert witnesses. Brown and Root, the Applicants prime contractor is also thought to be involved by some. It is admitted that a friend of the founder of Brown and Root recently bought out the Houcton City Mag : azine and prevented the publication of an article that related to construction problems in the South Texas nuclear plant. It is the Texas traddtion to use power, influence and money to help one's cause.
The third issue relates to Mr. John Doherty's status with Tex PIRG. He was hired as the Acting Executive Director early in 1979.
He was hired as an employee (servant) and paid a salary. He was also 'n given oral agency authonty to act as a special agent for Tex PIRG N for the limited and special purpose of having his deposition taken ~
to answer questions for Tex PIRG and to siga the interrogatory that he g signed on March 27,1979. But he was not given any authority to act as m a general agent for Tex PIRG nor to commit Tex PIRG to dropping any co contentions such as the chlorine concentration issue. Neither has Tex PIRG ratified any action by Mr. Doherty that relates to dropping any contentions. Tex PIRG is not certain what Mr. Doherty may have said in his deposition since the Applicant has refused to let anyone,even Mr.
Doherty,have or bcrrow a copy of his deposition to read it and make corrections. On June 1 in any capacity and his,1979 , Mr. Doherty authority to even quit working answer for Texwas depositions PIRG terminated.
The fourth issue relates to the sufficiency of Tex PIRG's answers to interrogatories. Our short response is that Tex PIRG has made a good faith effort to answer the questions and believe that if the Board will read our responses it will agree.It will be impossible for Tex PIRG er g give E seems moge enk Edetailed a g $nASS S E rassm untig,it can find Eexnert oN rEsN$S E T ritges oy renUa and by askin for more detail, then still more detailg Most of the qubstions
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