ML20040A986
| ML20040A986 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 01/20/1982 |
| From: | Shoemaker E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML20040A985 | List: |
| References | |
| NUDOCS 8201230036 | |
| Download: ML20040A986 (4) | |
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UNITED STATES OF AtiERICA NUCLEAR REGULATORY COMrilSSION BEFORE THE ATONIC SAFETY AND LICENSING BOARD
}
In the Matter of WISCONSIN ELECTRIC POWER COMPANY )
Docket Nos. 50-266
)
50-301 (Point Beach Nuclear Plant,
)
'Jnits 1 and 2)
)
(Repair to Stean Generator Tubes)
AFFIDAVIT OF EDWARD C. SH0 MAKER I, Edward C. Shonaker, being duly sworn state the following:
1.
I am an intellectual property attorney with the Operations and Aininistrative Law Division of the Office of the Executive Legal Director, U.S. Nuclear Regulatory Commission, (NRC).
I have been with the NRC and working in the confidential business (proprietary) infomatien area since fiay of 1977.
I regularly render opinions on this general subject matter and I an a lecturer on confidential business information and the Freedon of Infomation Act with the Legal Education Institute of the Department of Justice and the Amy's Judge Advocate General's School.
2.
I am thoroughly familiar with the development, " legislative history" through rulemaking, implementation, and judicial challenges to the Commission's regulations at 10 C.F.R. 5 2.790 3.
I ave personally reviewed hundreds of applications and affidavits for withholding infomation from public disclosure pursuant to 10 C.F.R. 9 2.790.
8201230036 820120 PDR ADOCK 05000266 0
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. 4.
I have daily contact with the stean supply vendors, equipment manufacturers, testing laboratories and other entities creating and sharing valuable comercial infomation with the NRC.
I have a thorough knowledge of the practices and procedures for receiving, storing, handling and pro-tecting infomation that is provided to the NRC by private industry.
5.
It has been the policy and practice of the NRC at least since April 21,1976 (the ef fective date of the current 10 C.F.R. 5 2.790) to dccept in their entirety affidavits claimed to be proprietary by their submitters pursuant to 10 C.F.R. 9 2.790(b)(1)(ii).
6.
This policy and practice was established as a practical application of the NRC's regulations to avoid the necessity of filing " affidavits in support of an affidavit" to withhold infomation from public disclosure.
The proprietary claim for an affidavit by a subnitter is accepted on its face because the information which is the subject of the agency's focus and the public's need to know is the original or underlying submittal and not the supplemental affidavit. A non-proprietary version of the underlying submittal is placed in Public Document Rooms and there is nomally no need for a non-proprietary version of a supplemental affidavit to be similarly placed in the docket file. The supporting affidavit normally addresses the basis for the original submittal being comerically valuable and/or proprietary and it is not relevant to the health and safety aspects of the originai. submittal.
If there were such a situation where the affidavit I
contained health and safety infomation not covered in the underlying subnittal, this situation would be handled on a case-by-case basis.
i 7.
The NRC policy and practice for handling affidavits claimed to be proprietary is different in respect to a Freedom of Information Act (F0IA) request which " captures" these affidavits.
The FOIA as a nandatory dis-closure statute requires that the agency segregate exempt from non-exempt portions of documents subject to a request and that the non-exempt portions be made available to the requester.
Thus, if the NRC had an affidavit 1
that is claimed to be proprietary within its possession and under its control when a F0IA request was received, then the NRC would contact the submitter of the affidavit and seek to redact the document into the exempt and non-exempt portions and develop an adequate administrative record for withholdings, if any.
In witness whereof, I place my hand and seal to this affidavit this I'
day of January,1982.
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Edward C. Shonaker Subscribed and sworn to before me this m'U ' * -day of January,1982.
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(.[i t g-t Trotary Public My Commission expires:
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
Docket Nos. 50-266 WISCONSIN ELECTRIC POWER COMPANY
)
50-301
)
(Point Beach Nuclear Plant,
)
(Repair to Steam Generator Tubes)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF RESPONSE TO WESTINGHOUSE MOTION FOR RECONSIDERATION and AFFIDAVIT OF EDWARD C. SH0 MAKER in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 20th day of January, 1982.
Peter B. Bloch, Chairman
- Bruce Churchill, Esq.
Administrative Judge Gerald Charnoff, Esq.
Atomic Safety and Licensing Board Shaw, Pittman, Potts & Trowbridge U.S. Nuclear Regulatory Commission 1800 M Street, N.W.
Washington, DC 20555 Washington, DC 20036 Dr. Hugh C. Paxton Atomic Safety and Licensing Board Administrative Judge Panel
- 1229 - 41st Street U.S. Nuclear Regulatory Commission Los Alamos, New Mexico 87544 Washington, DC 20555 Dr. Jerry R. Kline*
Atomic Safety and Licensing Appeal Administrative Judge Panel (5)*
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Docketing and Service Section (1)*
Kathleen M. Falk Office of the Secretary Wisconsin's Environmental Decade U.S. Nuclear Regulatory Commission 114 North Carroll Street Washington, D.C.
20555
- Madison, WI 53703 Francis X. Davis, Esq.
P.O. Box 355 Pittsburg, PA 15230 Barton Z. Sowan, Esq.
John R. Ken' rick, Esq.
Eckert, Seamans, Cherin & Mellott 42nd Floor,' 600 Grant Street
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Pittsburgh, PA 15219 Richard G. Bachmann Counsel for NRC Staff