ML20005C124

Summary of 811021 Telcon W/P Bloch Re Intervenor Access to Trade Secret Documents.Util Subsequently Agreed to Access.Certificate of Svc Encl

ML20005C124
Person / Time
Site:	Point Beach
Issue date:	11/11/1981
From:	Falk K WISCONSIN'S ENVIRONMENTAL DECADE
To:
References
NUDOCS 8111180424
Download: ML20005C124 (3)

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Her L?ilTED STATES OF RERICA nucIm amnue cenuSsma 81 NOV 16 P3:02 Pefore the Atomic Safety and Licensing Daard SECnETAkY In the fbtter of ) ' ! ' I;$ .& SERVICE tm s.1CH

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Wisconsin Electric Power Ccrpany

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) Docket nos. 507266 50-301

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(Point Beach Nuclear Plant, Units 1 and 2) 'l

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'IO: Ibcketing and Service List

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Orbers of the Atcnic Shfety and Licensing Board

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This filing is to menorialize for the record a telephone conversation.<\. T ,6. /

initiated by Administratisu Inw Judge Peter Bloch on October 21, 1981, in this proceeding.

On Octolrr 21, 1981, Judge Bloch telephoned Decade counsel Kathleen M. Falk. IIe directed her to file notes of the conversation with the l

Ccrmission at her convenienm sometine af ter the scheduled Octo!rr 29-30 hearing. IIe told her she could delay filing notes of the conversation due to the press of events on Decade because of filings and preparation necessary prior to 'ie October 29-30 hearing.

l This filing cmstitutes compliance with Judge Bloch's telephone order.

In the conversation, Judae Bl;ch directed that Attorney Robert Oaen l should sign a proprietary agreement with respect to certain docunents sub-l nitted by the licensee and claired as trade secInt. Ms. Falk informed Judge Bloch that this was unnecessary as Mr. O<.un's involycnont in this case had been only tenpora f due to a heavy caseload for Decade counsel that prior week and that he would no longer be working on the case. She further stated to Judge Bloch that it was her understanding of the Ibard's order that she was not required tn sign a trade secrut agreenent, but was canpelled by direct

_I order of the Board to comply with the terms of a proprietary agreerent rJ SOs OhOoh66 /

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for certain docununts claired trade secret by the licensee. She reiterrated that she could not ethically bind her client by signing the agreemnt that was directly adverse to her client's interests.

Judge Bloch also stated that any other experts Decade would utilize must also sign the agreement or sanchow be obligated by the agreaTent.

l Ms. Falk informd Judge Bloch that, as of that time, the only person who needed to review the materials clained proprietary was Peter Anderson, Decade's in-house staff person, and that he could not sign the docununt -

l for the same reason Ms. Falk could not; but that he would submit himself to l the sane Board order as that upon Ms. Falk, without waiving this right to challenge the appropriateness of the tenporary trade secret order. Judge Bloch infonted Ms. Falk that she should attempt to resolve this with licensee's counsel and if they were unable to read 1 an agreement, should notify Judge Blod1 that sane day. -

For the sake of ensuring a ccmplete Incord, Ms. Falk then telephoned l

licensee's counsel, Bruce Churchill and inforred him of the conversation sin l

i had with Judge Bloch. Mr. Churchill and Ms. Falk reached agreernt on permitting Peter Anderson acc. ass to docu: Tents clained trade secret and filings I were made in this deckat reflecting such agreement.

WISGXJSIN'S UNIROIREJTAL DDCADE, INC.

b-j . flfc < ~ /h (k c t-KA'IliTTEJ M. FALK General Counsel 114 N. Carroll Street fudison, WI 53703 November 11, 1981 J_-_____________ ______ - _ _ - _ - _ - _ - _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ - _ _ _ _ _ _ _ _ _

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ERTIFICATE OF SETNIC OF DOCU?DJT This is to certify that ccpies of the foregoing doctn?nt, pertaining to the telephone conversation by Administrative Law Judge Peter Bloch, dated I;ourber 11, 1981, were served upon each of the parties in this case to-wit the Licensee's counsel Bruce Churchill, the Connission's counsel Stuart Treby, each nerber of the Atanic Safety and Licensing Board, and Docketing.

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Dated I;overber ll,1981

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