ML20032D925

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Forwards RA Wiesemann Affidavit & Suppl Re Withholding of Info in Proceeding from Public Disclosure.Cost Data & Competitive Considerations Cited.W/O Encl
ML20032D925
Person / Time
Site: Point Beach  
Issue date: 11/13/1981
From: Davis F
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Bloch P
Atomic Safety and Licensing Board Panel
References
NUDOCS 8111180437
Download: ML20032D925 (3)


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BRALCH Monroeville Nuclear Center P. O. Box 355 Pittsburgh, PA 15230 Peter B. Bloch, Chairman (412) 373-4558 Administrative Judge 1981 November 13,M; Atomic Safety and Licensing Board

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U. S. Nuclear Regulatory Commission

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Re: Wisconsin Electric Power Company Point Beach Nuclear Plant, Units 1 & 2 g ua.,cae mum T/

Docket Nos. 50-266 and 50-301 Operating License Amendment A'

Dear Judge Bloch:

Enclosed are the Affidavit of R. A. Wiesemann and the Supplement thereto, submitted pursuant to 10 CFR 62.790(b)(1)(ii)(1981) addressing why the Westinghouse proprietary information submitted heretofore in this pro-ceeding should be withheld from public disclosure.

The cffidavit and its supplement address cost data and competitive considerations, including two issues raised by the Board:"l) The extent to which the parts of the sleeving process are unusual, and therefore especially valuable to Westinghouse, and 2) a representation as to the market, that is, how they [Westingnouse] would be harmed by the release of the information" l

(Tr. 95).

f'emorializing a conversation you and I had yesterday, I wish to assure

+he Board that I became aware of these latter two issues for the first l

time yesterday, November 12, 1981.

We in the Westinghouse organization have striven to answer them as quickly as possible.

To the extent the Board wishes them to be addressed further, please let me know.

Because the Affidavit and Supplement are proprietary in their own right, we are mailing the Supplement to only the three members of the Board and to the staff counsel, and not to the other parties to the proceeding.

In this regard, I draw your attention to this excerpt addressing s2.793(b)(1)(ii) from a Federal Register Notice adopting amendments to the Commission's regulations implementing the Freedom of Information Act (5 U.S.C. 552):

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., r Pet,er B. Bloch, Chairman November 13, 1981 Should the owner not wish to reveal the supporting information to a third party who has been furnished the basic information and has incorporated it into a license application, the owner may submit the affidavit directly to the Commission, and it will be protected in accordance with the provisions of 10 CFR Part 9.

41 Fed. Reg.11808, at 11809.

March 22,1976.

I am confident that they will not be distributed outside the Commission and will be held confidential.

Very truly yours, O[ M W

Francis X. Davis Attorney FXD:mjl cc:

Judge Hugh C. Paxton-(w/ enclosure)

Judge Jerry R. Kline-Stuart Treby, Esq.

All others on attached-(w/o enclosure)

Service List

SERVICE LIST Peter B. Bloch, Chairman Atomic Safety and Licensing Appeal Administrative Judge Board Atomic Safety and Licensing Board U. S. Nuclear Regulatory Comission Panel Washington, D.C.

20555 U. S. Nuclear Regulatory Commission Washington, D.C.

20555 Atomic Safety and Licensing Board Panel Dr. Hugh C. Paxton U. S. Nuclear Regulatory Comission Administrative Judge Washington, D.C.

20555 1229 - 41st Street Los Alamos, New Mexico 87544 Docketing and Service Section Office of the Secretary Dr. Jerry R. Kline U. S. Nuclear Regulatory Comission Administrative Judge Washington, D.C.

20555 Atomic Safety and Licensing Board Panel Bruce Churchill, Esq.

U. S. Nuclear Regulatory Comission Gerald Charnoff, Esq.

Washington, D.C.

20555 Shaw, Pittman, Potts & Trowbridge 1800 M Street N.W.

Kathlein M. Falk, Esq.

Washington, D.C.

20036 Wisconsin's Environmental Decade 114 North Carroll Street Madison, Wisconsin 53703 Stuart A. Treby, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Comission Washington, D.C.

20555 Francis X. Davis, Esq.

Westinghouse Electric Corporation, Appearing Specially P. O. Box 355 Pittsburgh, PA 15230 1

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