ML20039E182

Motion for Leave to Commence Limited Discovery,If Necessary, to Schedule Evidentiary Hearing.Limited Discovery Will Simplify Consideration of Matters.Regulations Neither Prohibit or Allow Discovery by Person Not Party

ML20039E182
Person / Time
Site:	Point Beach
Issue date:	12/31/1981
From:	Cowan B, Davis F, Keurick J ECKERT, SEAMANS, CHERIN & MELLOTT, WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20039E139	List: ML20039E138 ML20039E161 ML20039E173 ML20039E182 ML20039E184
References
NUDOCS 8201060619
Download: ML20039E182 (3)

Text

....w UNITED STATES OF AMERICA 00tKETD NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

$2 JM -4 All :25 0FF U Of srcar f,-

In the Matter of ) $dg3;SE M .:

) Docket Nos. 50-266 WISCONSIN ELECTRIC PONER COMPANY ) 50-301

) (OL Amendment)

(Point Beach Nuclear Plant, )

Units 1 and 2) )

MOTION OF WESTINGHOUSE ELECTRIC CORPORATION, APPEARING SPECIALLY, FOR LEAVE TO COMMENCE LI!iITED DISCOVERY, AND, IF NECESSARY, TO SCHEDULE EVIDENTIARY HEARING I. Introduction Westinghouse Electric Corp > ration (Westinghouse), appearing specially in this proceeding solely for the purpose of protecting its trade secrets or privileged or confidential commercial or financial infor-mation has been directed to take certain actions as a result of the Memorandun and Order of this Board dated December 21, 1981. One of the required actions was to file a protective agreement which it proposes to apply to Wisconsin's Environmental Decade. To the ex-tent that the agreement may contain terms more stringent than those imposed by the Board in its existing protective order, Westinghouse shall file a brief containing reasons supporting each of the nore stringent provisions.

Westinghouse today is filing such a protective order together with supporting brief. As an aid to explaining the need for the terms i

which.might be interpreted to be "more stringent," Westinghouse l

requests permission to direct limited discovery to Wisconsin's

, hY G

O

Environmental Decade ("Decado"). In~ addition, Westinghouse

-l requests.the Board _to schedule a hearing on this matter..

II. Motion Allowing Discovery t

Westinghouse hereby requests this Board to allow it to direct i- limited discovery to Decade regarding prior treatment of pro- ,

t prietary information furnished to Decade and De'cade's repre--

t i  !

sentatives pursuant _to protective orders or agreements to which i

j it or they were parties. 10 CFR S2.740 et seq., regarding dis-

[ covery, neither prohibits nor allows discovery by'a person not-a party to a proceeding. Westinghouse in this proceeding has .

1 appeared for a limited purpose.b/ It would be anomalous to i allow Westinghouse to make its limited appearance to protect its proprietary position and yet not authorize discovery in aid of such protection. Limited discovery at this stage will simplify -

the consideration of the matter, and should'be allowed pursuant ,

to the Board's general authority contained in 10 CFR 52.718 -(e) (f) and (m). To assist the Board in ruling on this request, Westinghouse has appended to this pleading its first discovery request to Decade.

Westinghouse hereby requests the Board to order that responses be made to these discovery requests fifteen (15) days i

i 1[ Westinghouse filed its limited appearance in this proceeding _ i in response to dicta of the Atomic Safety and Licensing Appeal i Board which indicates that a person not a party should make a L special appearance in a Licensing Board proceeding in order to

. preserve its right to either appeal froh, or participate on an appeal of, the Licensing Board's decision on the matter. In the Matter of Kansas Gas & Electric Corp., et al. (Wolf Creek-

Nuclear Generating Station, Unit No. 1) , (ALAB-311), Memorandum and Order dated-February 3, 1976, 3 NRD 85, at 84-89.

4 7

__ .__-..____.._-_____..m_____._______u_m..__m_ _ . _ _ _ . _ _ _ _ _ _ _ . _ _

. 'b following the date of service of a Board order granting this motion.

III. Motion for Evidentiary Hearing, If Necessary If the Board rejects the Motion for discovery in Section II above, Westinghouse moves that this Board promptly schedule a hearing on the issue of Decade's earlier handling of proprie-tary information. Without either the discovery sought or evidence elicited at a hearing, the Board will not have the benefit of an adequate record to determine the issue here in-volved.

A d n L a, m -

I Westinghouse Law Department

. jb4VIL P. O. Box 355 Pittsburgh, Pennsylvania 15230 Ec Seamans, Cherin & Mellott 42nd Floor, 600 Grant Street Pittsburgh, Pennsylvania 15219 Counsel for Westinghouse Electric Corpora cion, Appearing Specially Dated: December 31, 1981