ML20038C436
| ML20038C436 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 11/20/1981 |
| From: | Clark R Office of Nuclear Reactor Regulation |
| To: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 8112110031 | |
| Download: ML20038C436 (4) | |
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NOV 2 01981 Docket File PBloch i
NRC PDR JKline L PDR ASLBP Docket Nos. 50-266 NSIC ASLAP-5 and 50-301 TERA Streby ORB #3 Rdg EShomaker 4
DEisenhut RBachman OELD HSmit) f T I&E-3 g
!!r. Pobert A. Wiesenann, f-tanager ACRS-10 jrv [
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Regulatory and Legislative Affairs JHeltemes
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Nuclear Technology Division RAClark 3
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Westinghouse Electric Corporation PMKreutzer-3 Fost Office Cox 355 TColburn
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Dear !!r. Wiesecann:
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Subject:
Wisconsin Electric Power Company (UEPCO) - Withholding of Documents Related to Stean Generator Repair at Point Beach Units 1 and 2 Misconsin Electric Power Company has requested that certain docurents prepared i
by Westinghouse Electric Corporation (WEC) related to the steam generator repair progran at Point Beach Units 1 and 2 be withheld from public disclosure pursuant to 10 CFR 2.790. These requests for withholding are supported by your affidavit AW-80-53, notarized September 5,1980, which was transnitted by your letter CAW-81-70 dated September 28,1981 (R. Wiesenann to 11. R. Denton, NPC) and your supplementary affidavit of !!ovenber 13, 1981.
Docunent Date Description 1.
September 28, 1981 Letter fron C. W. Fay, UEPC0 to liarold R. Denton.
l Ptention, R. A. Clarka, f RC, transnitting report entitled " Point Beach Stean Ocnerator i
i Sleeving Report for Wisconsin Electric Power j
Company WCAP-9960 (Proprietary)".
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October 16, 1981 Letter fron Bruce U. Churchill, Counsel for
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Licensee to Peter Bloch, Jerry Kline and I! ugh Paxton, administrative judges, Atonic Safety and Licensing Board (ASLB) entitled
" Licensee's Pesponse to Second Round of l
Licensing Board Questions".
3.
Cctober 26, 1901 Letter fron C. W. Fay, UEPC0 to Harold P. Penton, l
Attention R. A. Clark, URC, transnitting response to additional infornation solicited
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during telephone conference call of l
October 20, 1931.
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. 4 October 27, 1981 Letter fron Bruce U. Churchill, Counsel for Licensee to Kathleen F. Falk, Uisconsin's Environnental Decade (UFD) transnitting
" Licensee's response to Decade's First Inter-rogatories and Request for Production of Docu-nents on the Sleeving Deronstration Progran" (proprietary infomation in brackets).
5.
October 29, 1981 Letter fron Bruce U. Churchill, Counsel for Licensee before the ASLB entitled "Licensce's Supplemental Response to Board Questions on Deplugged Tubes" (proprietary information in brackets).
6.
November 6, 1981 Letter from C. U. Fay, UEPC0 to Harold R. Denton, attention R. A. Clark, NRC, entitled " Sleeving Denonstration Progran Point Beach Nuclear Plant Unit 1".
This infomation responds to request for additional inforration submitted by the MRC staff (proprietary infomation in brackets).
7.
Novenber 13, 1981 Affidavit and Supplerent of Robert H. Uiesenann These docunents describe the UEC design of the sleeves which are to be installed in the Point Beach Units 1 and 2 stean generators. These docunents also include the design analysis, the test verification progran and descrip-tion of the channel-head decentanination process. The reason stated for the withholding of the infomation is that the infomation is owned and has been held in confidence by UEC.
Further, you stated that public disclosure of this infomation would cause substantial ham to your conpetitive position because (1) it would result in the loss of valuable patent rights, and (2) it would enhance the ability of conpetitors to design, nanufacture, verify and sell stean generator repair techniques for connercial power reactors without connensurate expenses.
You also state that to the best of your knowledge this infomation is not available to the public.
He have reviewed the requests and related docunents based on the requirenents and criteria of 10 CFR 2.790 (b). To the best of our knowledge and in light' of the sworn affidavits of Westinghouse, we have concluded that the infoma-tion sought to be withheld has been cuned and naintained by its owner in con-fidence; that this infomation is the type custonarily held in confidence by its owner; that there is a rational basis for this confidential protec-tion, i.e., the protection of research and developnent infomation in order to secure a narket for recoupnent of expenditures; that the infomation was transnitted to and received in confidence by the Connission; and that the substance of this infomation is not available in public sources.
Additionally, Mr. Miesenann's affidavits have disclosed the nature of Westinghouse's conpetition in developing a sleeving process, the nanes of their conpetitors, the suns of noney expended for research and developnent omer>
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and the clain that the public disclosure of this infomation could cause substantial ham to Ucstinghouse's ability to recoup expenditures and develop further narkets.
In short, all the enunerated consideration points of part (b)(4) have been addressed in sufficient detail to allow the tiRC to affimatively detemine that the docunents enunerated above are proprietary in that they contain connercial or financial infornation obtained from a person and are confidential.
He also have found at this tire that the right of the public to be fully apprised as to the basis for and effrcts of the proposed action does not e
outweigh the demonstrated concern for protertion of UEC's conpetitive position. Ve reach this detemination"because there has been no substantial demonstration that the public requires full disclosure of the docunents enunerated above. Also the right of persons properly and directly concerned to inspect these docunents has been uphela by their ongoing participation in the agency's hearing process and by their access to docurents 1 - 6 pursuant to a protective order.
Additionally, the sleeving progran in is. sue has been publicly discussed in the fiRC staff-generated sleeving denonstration. progran SER and EIA and this issue will Le further discussed in the proposed. full scale sleeving progran SER and EIA, due to be published in the Spring of 1982.
Accordingly, we have detemined that the infomation should be withheld fron public disclosure.
Ue, therefore, approve the requests for $sithholding pursuant to Section 2.79h of 10 CFR Part 2 and are witholding fran public inspection proprietary docu-nents relating to the stean generator repair progran at Point Beach Units 1 and 2, docurents 1 - 6, identified above.
Cocunent 7 above is being afforded proprietary treatncnt pursuant to 10 CFR 2.790(b)(1)(ii). Withholding fren public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the docunents, pursuant to 10 CFR 2.700(b)(6) of the Connission's pegulations.
If the basis for withholding this infornation from public disclosure should change in the future such that the infornation could then be nade available for public inspection, you or Misconsin Electric pcuer Conpany should promptly notify the f!RC.
Sincerely.
Originc! sip d 4 Robert A. Clas Robert A. Clark, Chief Operating Peactors Branch f'o.3 Division of Licensing 46
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Wisconsi,n Electric Power Company cc:
Mr. ' Bruce Churchill, Esquire Mr. William Guldemond Shaw, Pittman, Potts and Trowbridge USNRC Resident Inspectors Office 1800 M Street, N. W.
6612 Nuclear Road Washington, D. C.
20036 Two Rivers, Wiscon' sin 54241 Joseph Mann' Library Mr. Sol Burstein 1516 Sixteenth Street Executive Vice President Two Rivers, Wisconsin 54241 Wisconsin Electric Power Company 231 West Michigan Street Mr. Glenn A. Reed, Manager Milwaukee, Wisconsin 53201 Nuclear Operations Wisconsin Electric Power Company Dr. Hugh C. Paxton Point Beach Nuclear Plant Administrative Judge 6610 Nuclear Road 1229 - 41st Street Two Rivers, Wisconsin 54241 Los Alamos, New Mexico 87544 Mr. Gordon Blaha Town Chairman Tcwn of Two Creeks Route 3 Two Rivers, Wisconsin 54241 Ms. Kathleen M. Falk General Counsel Wisconsin's Environmental Decade 114 N. Carroll. Street Madison, Wisconsin 53703 U. S. Envircnmental Proteccien Agency Federal Activities Branch Region V Office ATTN: Regicnal Radiation Representative r'
230 S. Dearborn Street Chicago, Illinois 6060C' I
Chai rman Public Service Commission of Wisconsih
, Hills Farms State Office Building Madison, Wisconsin 53702
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