ML20039E184

Requests for Admissions of Fact.Notices of Appearance & Certificate of Svc Encl

ML20039E184
Person / Time
Site:	Point Beach
Issue date:	12/13/1981
From:	Cowan B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	WISCONSIN'S ENVIRONMENTAL DECADE
Shared Package
ML20039E139	List: ML20039E138 ML20039E161 ML20039E173 ML20039E182 ML20039E184
References
NUDOCS 8201060621
Download: ML20039E184 (9)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00tXETED UWit BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 12 JMI-4 A11:25 In the Matter of )

) Docket Nos. 5(.c. ,e g g--2.66isiiSEm' WISCONSIN ELECTRIC POWER COMPANY ) 50-30lOANCH

) (OL Amendment)

(Point Beach Nuclear Plant, )

Units 1 and 2) )

REQUESTS FOR ADMISSIONS OF FACT Westinghouse Electric Corporation (" Westinghouse") hereby propounds the following requests for admission to Wisconsin's Environmental Decade, Inc. (" Decade") and Peter Anderson pursuant to 10 C.F.R. 2.742 (1981), subsection (b) of which provides that each state-ment shall be deemed admitted unless actions are taken in con-formance with that regulation:

1. Decade was a party to two proceedings before the Public Ser-vice Commission of the State of Wisconsin captioned: 1)

Application of Wisconsin Electric Power Company for Authority to Replace the Steam Generators for Its Point Beach Nuclear Plant, Unit 1, in the Town of Two Creeks, Manitowoc County, Wisconsin, docket number 6630-CE-20, and 2)

Investigation on the Commission's Motion Into the Actual and Potential Financial, Accounting and Ratemaking Effects of Steam Generator Tube Degradation at Unit 1 and Unit 2 of the Wiscon-sin Electric Power Company's Point Beach Nuclear Plant, docket number 6630-UI-2.

(Hereinafter, these proceedings will be termed PSC proceedings.)

2. Peter Anderson made appearances representing Decade at the PSC proceedings on March 23 and 24, 1981 (PSC proceedings Tr. pp.

i(March 23, 1981), 1(in camera session on March 23, 1981),

igQ'o$N

i(March 24, 1981), 856, and 865].

3. Exhibit 34 in the PSC proceeding was a Settlement Agreement between Westinghouse and Wisconsin Electric Power Company ("WEPCO")

dated February 6, 1981, containing proprietary Westinghouse in-formation. (PSC proceedings Tr. 15a, 17a, 164a, and 165a).

4. Exhibit 36 in the PSC proceedings was the appendix to the document described as Exhibit 34, containing proprietary Westing-house information. (PSC proceedings Tr. 164a, 165a).

5. Exhibit 35 in the PSC proceedings was a document entitled:

Estimate of cost of termination for spare-steam generator purchase, containing proprietary Westinghouse information. (PSC proceedings Tr. 36a).

6. Exhibit 35 repeated proprietary information contained on page 28, Part B, Article 12, Appendix 3 of the aforesaid Exhibit 34.

7. The aforestid Exhibits numbered 34, 35 and 36 were received into evidence under seal in the PSC proceedings on March 23, 1981.

(PSC proceedings Tr.165a)

8. The aforesaid Exhibits numbered 34, 35 and 36 were received into evidence under seal during sessions of the PSC proceedings held in camera in order to protect the Westinghouse proprietary information from public disclosure. (PSC proceeding Tr. pp. 862 et seq., la through 199a inclusive).

9. The aforesaid Peter Anderson engaged in cross examination of Westinghouse and WEPCO witnesses whose testimony was proffered regarding the aforesaid Exhibits numbered 34, 35 and 36. (PSC proceedings Tr, pp. 66a et seg. and 149a et seq.)

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10. The Commission @rs of the PSC granted trada cccrGt protection to the aforesaid-Exhibits numbered 34, 35 and 36~on March 24, 1981. (PSC proceedings Tr. 866).

11. The aforesaid PSC granted such trade secret protection to both Westinghouse and Wisconsin Electric Power Company for the aforesaid Exhibits 34, 35 and 36.

12. The aforesaid Peter Anderson was present during this session of the PSC proceedings described in request numbered 10.

13. The af~ resaid Peter Anderson was mailed. copies of the tran-script for each of the above-described;PSC proceedings.

14. Said transcripts were mailed to Decade's offices at 302 East Washington Avenue, Suite 205, Madison, Wisconsin 53702.

15. Decade was served with the PSC Order dated on or' about May 15, 1981 which restated its determination that the aforesaid Exhibits numbered 34, 35 and 36 were " trade secrets" within the meaning of applicable Wisconsin statutes. ,

16. Peter Anderson was made aware of the aforesaid PSC protective Orders.

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17. To the best of Decade's knowledge the information regarding termination charges derived from the aforesaid Exhibits numbered i

i 34, 35 and 36 has been held confidential by both Westinghouse and WEPCO and has not been released to the public in whole or part by either, with the exception of the amounts given for the first two months which has been released.

- 18. A petition for review of the PSC croceeding was filed by Decade and others, by their attorneys, in the Manitowoc County Circuit Court of the State of Wisconsin on September 1, 1981, Case No. 81 CV 373J.

- 19. In connection with the proceeding, Decade, and the other petitioners, by their attorneys, filed a document captioned

" NOTICE OF MOTION AND MOTION FOR STAY OF ENFORCEMENT OF AGENCY ORDER," (hereinafter called " Notice and Motion").

20. Attached to, and following, the Notice and Motion was- the three page Affidavit of Peter Anderson sworn. and subscribed by him on August 31, 1981, (hereinafter called Affidavit of Peter Anderson).

21. Said Affidavit of Peter Anderson had a first page with the heading of the proceeding and captioned " TRADE SECRET NOTICE,"

(hereinafter " Notice").

22. Said Notice was followed by these words:

THE ATTACHED PLEADING CONTAINS INFORMATION WHICH HAS BEEN DETERMINED BY THE PUBLIC SERVICE COMMISSION OF WISCONSIN IN I'fS DOCKET 6630-CE-20 TO BE A TRADE ,

SECRET, AND THE COMMISSION HAS PLACED THE MATERIAL UNDER A PROTECTIVE ORDER. ONLY THE COURT AND THOSE PARTIES AUTHORIZED TO DO SO MAY EXAMINE THIS PLEADING.

23. Paragraph numbered 7 of the Notice and Motion referenced the " Affidavit of Peter Anderson, attached."

24. The aforesaid Notice and Motion, so-called Trade Secret No-tice, and Affidavit of Peter Anderson wera attached to each other in that order.

25. The cover of the Notice and Motion was not marked in any way to indicate that trade secrets were presented therein.

I 26. Pages two and three of the Affidavit of Peter Anderson were not marked in any way to indicate trade secrets were presented therein.

~. ._ ._ . . , _ _ . . _ . , _ _ . . _ , _ .__._ _ .. _ _ _ ._ . _ . .

27. Said Notice and Motion and the attached Affidavit of Peter Anderson was filed in open court, not under seal.

28. Said Notice and Mntion indicates on its cover that it was sent to, inter alia, one " Robert Halstad."

29. Said Notice and Motion bears no indication that Robert Halstad has ber.n authorized to receive and examine the trade secrets contained therein.

30. Said Notice and Motion bears no indication that Robert Halstad has agreed to protect the information.

31. Mr. Robert Halstad, in fact, was not authorized to receive and examine the information in the said Notice and Motion.

32. Mr. Robert Halstad, in fact, has not agreed to protect the information.

33. The person known as Peter Anderson whose actions were related above, is the same Peter Anderson who has appeared in the instant proceeding to represent Decade.

34. The termination charges restated by Peter Anderson in his affidavit dated August 31, 1981 restates proprietary information

contained in the aforesaid PSC proceeding Exhibits numbered 34, 35 and 36.

Coun$el for WeshInghouse Liec';ric

! Corporation Dated: December 31, 1981 i.

l

00LKETED UEFC UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION

'82 JAN -4 All :25 Before the Atomic Safety and Licensing Board 0FFICE Of 5ECREI A' 00CKETING & SERV'!U In the Matter of ) ORANCH

)

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

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

Units 1 and 2)

NOTICE OF APPEARANCE The undersigned, being an attorney at law in good.

standing admitted to practice before the Supreme Court of Pennsylvania and the United States Suprema Court, hereby. enters his appearance as counsel on behalf of Westinghouse Electric Corporation, appearing specially in the above captioned proceeding.

A1AAlM Barton Z. Chan ECKERT, SEAMANS, CHERIN & MELLOTT Forty-Second Floor 600 Grant Street Pittsburgh, Pennsylvania 15219 Telephone: 412-566-6029 Dated: December 31, 1981

00(.XEIED vy;FC UNITED STATES OF AMERICA ' M j $ - 4 All N ATOMIC ENERGY COMMISSION Before the Atomic Safety and Licensing B6ar'd hr[I'CR tU ;$$iVit :-

BP,ANCH In the Matter of )

)-

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

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

Units 1 and 2) )

NOTICE OF APPEARANCE The undersigned, being an attorney at law good standing admitted to practice before the Supreme Court of Pennsylvania and the United States Court of Appeals for the District of Columbia Circuit hereby enters his appearance as counsel on behalf of Westinghouse Electric Corporation, appearing specially in the above captioned proceeding.

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[ . Kenrick ECKERT, SEAPANS , CHERIN & MELLOTT Forty-Second Floor 600 Grant Street Pittsburgh, Pennsylvania 15219 Telephone: 412-566-6073 Dated: December 31, 1981 m _ , _ , -. . , __ . _ . . _ ._ - _ _ . _ . -. _ .

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'82 JM -4 A11 :26 UNITED STATES OF AMERICA f[hhf$c,[h[;;

NUCLEAR REGULATORY COMMISSION ERANCH Before the Atomic Safety and Licensing Board In the Matter of )

)

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

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

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the letter dated December 31, 1981, captioned " Wisconsin Electric Power Company (Point Beach Nuclear Plant, Units 1 and 2) Docket Nos. 50-266-OLA, 50-301-OLA: Memorandum and Order (Concerning Preliminary Confi-dential Issues)" from Barton Z. Cowan, Esq., to Administrative Judges Bloch, Kline and Paxton, together with all documents noted in said letter as being filed therewith have been served cn those 1

I shown on the Service List either.in person or by deposit in the 1

U. S. mail, postage prepaid, this 31st day of December, 1981.

Counsel for WespKnghouse f Electric Corporation Dated: December 31, 1981

r-  ;

SERVICE LIST WISCONSIN ELECTRIC POWER COMPANY (Point Beach Nuclear Plant, Units 1 and 2)

Peter B. Bloch, Chairman Stuart A. Treby, Esquire Atomic Safety and Licensing Office of the Executive Board Panel . Legal Director

-U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission-Washington, DC 20555 Washington, DC- 20555 Dr. Hugh C. Paxton rangis X. Davis, Esquire Westinghouse Electric Corporation 1229 - 41st Street Nuclear Energy Systems Division Los Alamos, NM 87544 P.O. Box 355 Pittsburgh, PA 15230 Dr. Jerry R. Kline Atomic Safety and Licensing Bruce Churchill, Esquire Board Panel Gerald Charnoff, Esquire U.S. Nuclear Regulatory Shaw, Pittman, Potts & Trowbridge Commission 1800 M Street, NW Washington, DC 20555 Washington, DC 20036 Barton Z. Cowan, Esquire Atomic Safety and Licensing John R. Kenrick, Esquire Board Panel Eckert, Seamans, Cherin & Mellott U.S. Nuclear Regulatory nd Floor, 600 Grant Street Comm1=sion Pittsburgh, PA 15219 Washington, DC 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 Charles A. Barth, Esquire Office.of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, DC 20555 Kathleen M. Falk, Esquire Wisconsin's Environmental Decade 114 North Carroll Street Suite 208 Madison, Wisconsin 53703