ML20039E161

Brief Supporting Westinghouse Proposed Protective Agreement.Great Harm Will Come to Westinghouse Competitive Position If Confidential Commercial Insight Info Revealed to Competitors

ML20039E161
Person / Time
Site:	Point Beach
Issue date:	12/31/1981
From:	Cowan B, Davis F, Keurick J WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20039E139	List: ML20039E138 ML20039E161 ML20039E173 ML20039E182 ML20039E184
References
ISSUANCES-OLA, NUDOCS 8201060597
Download: ML20039E161 (4)

Text

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'M.y DOCHETED USNRC UNITED. STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g q

.Before the Atomic ~ Safety and Licensing Board GFFICE CF SEcq7 p

, DCCXETmG & SENN In the Matter of )

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WISCONSIN ELECTRIC. POWER COMPANY ) -Docket Nos. 50-266-OLA i

) 50- 301-OLA (Point Beach Nuclear Plant, )

Units 1 and 2) )

i BRIEF OF WESTINGHOUSE ELECTRIC CORPORATION IN SUPPORT OF PROPOSED PROTECTIVE AGREEMENT In accordance with Paragraph (2) (page-26) of The Atomic and Safety Licensing Board (" Board") Memorandum and r

Order dated December 21, lE81, Westinghouse Electric Corporation

( "Wes tinghouse" ). has today submitted to the Board a proposed Protective Agreement pursuant to which Westinghouse will consider disclosure to Wisconsin's Environmental Decade, Inc. (" Decade")

of the Westinghouse proprietary information contained in the

" Supplement to Affidavit of Robert A. Wiesemann" dated November 1

l 13, 1981. Since some of the terms of the proposed Protective Agreement are more stringent than those contained in the

" Proprietary Information Agreement" executed by Decade on October 9, 1981, (.the " October 9, 19 81 Agreement") Westinghouse is submitting this Brief in support of the more !.:tringent terms.

Paragraphs 1, 4, 5 and 7 of the proposed Protective Agreement are somewhat more restrictive than provisions of the October 9, 19 81 Agreement. Paragraph 1 of the proposed Agreement 4

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- 1 requires a reasonable minimization of persons having access to the Westinghouse proprietary information and requires that Westinghouse be notified of the identity of sudh persons. Further it requires those persons who are not legal counsel for Decade, and thus not subject to Board sanctions for any violation of the Agreement, to execute and submit to Westinghouse an acknowledgment to be personally bound by the terms of the Agreement. Paragraph 1 also requires any person who is not legal counsel to Decade to certify that he or she has never been party to an unauthorized release of any Westinghouse proprietary information. Clearly Westinghouse has the right to refuse to disclose its proprietary information to a person who has breached an obligation of confidentiality in the past.

Paragraph 4 of the proposed Agreement precludes disclosure of the Westinghouse proprietary information to persons who represent or would seek to represent Westinghouse competitors. Manifestly Westinghouse should not be required to reveal its proprietary information, even under a protective agreement, to a person, who in addition to his involvement with Decade, currently represents or would seek to represent Westinghouse competitors.

Paragraph 5 and 7 of the proposed Agreement requires Decade, if it makes any copies of, or prepares any excerpts of, the Westinghouse proprietary information to maintain an index providing a detailed description of each such copy or excerpt and its specific location. When Decade ultimately returns the ,

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proprietary information to Westinghouse it must certify that it has reviewed its index record and has either destroyed all documents l listed thereon or returned them to Westinghouse. Once copies or excerpts of Westinchouse proprietary information are made the risk of inadvertent unauthorized disclosure increasas markedly. Thus an index recording the identity and location of all such copies or excerpts is clearly needed.

Westinghouse submits that Board approval of the proposed Protective Agreement is needed in order for Westinghouse to consider disclosure to Decade of the proprietary Wiesemann Affidavit Supplement information. The proposed Agreement is somewhat more restrictive than the October 9, 1981 Agreement for the following reasons. First, the nature of the proprietary information contained in the Wiesemann Affidavit Supplement is different from the pro-prietary information contained in the " Point Beach Steam Generator Sleeving Report" (WCAP-99 601 The proprietary information in the Sleeving Report was highly technical in character and directly relevant to the reapir of the steam generator tubes at the Point Beach Nuclear Power Plant, Units 1 and 2.

The proprietary information in the Wiesemann Affidavit Supplement provides a confidential commercial insight into Westinghouse's view of the marketplace and why release of the Sleeving Report proprietary intvrnation would substantially harm

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its competitive position. In cont 2 ast to the Sleeving Report, the Wiesemann Affidavit Supplement proprietary information, at most,

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. . e pertains to a mattar of poriphoral relevanca to the issuos before this Board. Given'the great harm to Westinghouse's competitive position if the confidential commercial insight information was revealed to competitors and the fact that such information only, at most, pertains to a peripheral non-safety related issue, Westinghouse is entitled to a protective agreement wh.ich will closely circumscribe the number of persons having access to the

! Westinghouse proprietary information and ensure its maintenance in a confidential manner.

Second, for the reasons discussed in the " Motion of Westinghouse Electric Corporation, Appearing Specially, For Leave to Commence Limited Discovery and, If Necessary, to Schedule Evidentiary Hearing", filed contemporaneously herewith, Westinghouse is concerned about the ability of Decade to take the requisite action to keep proprietary information disclosed pursuant to a protective order or agreement confidential. The proposed Protective Agreement will provide greater assurance than the October 9, 19 81 Agreement that Decade is appropriately safeguarding the Westinghouse proprietary information.

Respectf lly . submitted,

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& . OMb Counsel for Westinghouse Electric Dated: December 31, 1981. Corporation, Appearing Specially I

• l For reasons discussed in its earlier briefs Westinghouse submits that the information contained in The Wiesemann Affidavit Supplement is not relevant to Decade's contention in this proceeding.

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