ML20040D760

Requests ASLB Replace 820107 Protective Agreement Attached to Supplementary Order,W/Encl Modified Agreement.Certificate of Svc Encl

ML20040D760
Person / Time
Site:	Point Beach
Issue date:	01/26/1982
From:	Cowan B ECKERT, SEAMANS, CHERIN & MELLOTT
To:	Bloch P, Kline J, Paxton H Atomic Safety and Licensing Board Panel
References
ISSUANCES-OLA, NUDOCS 8202020226
Download: ML20040D760 (14)

Text

-

__ o .

ECKERT, SEAM ANS, CH ERIN & M ELLOTT ATTo R N EYS AT LAW FORTY-SECOND FLOOR ,.

600 ORANT STREET ras.Na L. SEAMANS oALE nER$ WET PITTSBURGH, PA.15219 MICHAEL R.ecRASay CARot r.oRAEeNER Cact CHEMIN RosERT w. coTv (4:2) $66-6000 I " '"ED ** GEC'GE wo7Eo"o"aENR o[4 R."nENRiCn' TELEX- 866172 7'"[I}'$

w LL Am k"g. Cwc ho nrtoERiCn' e nIuoER RocER CR o. NORRIS RCeERT e. weLLIAMS JAMES M. ROeERTS CL:FFORD A. R ASTEL JOMN M. MORGAN WILLI $ A. SIEoFRIED, JR. ,ELECOPIER-(412)

. 566-6099 n. DoTLE GEORGE ELLEN MERCER SCHINOLER 4

Cart F.EAROER OAvlO E.TUNGATE JOHN T. SCHMIDT CARLA M. oREENFIELO ECWAKO J. oREENE RICHARD w. OLADSTONE,H RICHARD L MALPERN[ WILLleM E. R ELLEMER,JR.

C. M A NEY Af S ON N Z L NOA J LE LA R COUNSEL T .CCW N WI M R. UERNIE o WILLI A M H.ECKERT Roe a L 'ev $ L.oILv's S J R. M ARE C. COULSON ED*'" L ,",L,Q, RE,T,E,R,C

, go,E,RM AN MILTON W. LAMPROPLOS gM,NRAUL C. A2THUR wtLSON, JR. JOHN w. UniNoER, JR. LEON E. HICM M AN DENNIS J. C'eRIEN JAMES M. GQCALEY C. KENT MAY D. RICHARO FUN 4

- JONATHAN R.NERGERT RICHARD F. RIN ALDO EDw2RO o. O'CONNOR HowARD D. SCHWARTZ wlLLjAM WATSON SMITH M ARGARET R. Joy RICHARD K.CANDREA ALFTED w. VADNAIS RoeERT L. ALLM AN. II GEORGE M. MEOvtD JOHN J. FORQ RM. ALVAH STEWART, EI STEVEN W. M40RATM 1071*1904 JORDAN S. wCLTM AN FREDERICR J. CASRAR

. D&LE E. wlLLI AMS - 3RfAN D. ROSENeERGER STUART A.wlLLIAMS SARA A. MERCER OIANE f. LOCSeROCM January 26, 1982 Peter R. Bloch, Esq., Chairman Administrative Judge Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 o g Dr. Jerry R. Kline S g Administrative Judge UCgf .

Atomic Safety and Licensing Board Pane EQ ED a U. S. Nuclear Regulatory Commission

{ #

/g I Washington, D. C. 20555 A, E /

Dr. Hugh C. Paxton Administrative Judge  % - 1

~'

1229 - 41st Street Los Alamos, New Mexico 87544 Gentlemen:

Re: Wisconsin Electric Power Company Point Beach Nuclear Plant, Units 1 and 2 Docket Nos. 50-266-OLA, 50-301-OLA Protective Agreement Following a number of telcphone conversations Westinghouse Electric Corporation (" Westinghouse") and Wisconsin's Environmental Decade, Inc. (" Decade") repre-sentatives agreed to modify the Protective Agreement which was attached as Attachment A to the Atomic Safety and Licensing Board Supplementary Order (Concerning p35 Issuance of.a Protective Order) dated January 7, 1982.

The only change in the Protective Agreement from that which was included as Attachment A to the Supplementary //

Order is with respect to paragraph 4.

^

8202020226 820126 P^

PDR ADOCK 05000266 G PDR -.

g. 4

• Potor B. Bloch, Ecq., Chairman Dr. Jerry R. Kline Dr. Hugh C. Paxton January 26, 1982 After reaching agreement on the language of a modified Protective Agreement, I forwarded a copy to Mr. Peter Anderson of Decade, together with a cover letter dated January 15, 1982, a copy of which is at-tached. Mr. Anderson executed the Protective Agreement and returned it to me, together with his letter of Janu-ary 22, 1982, a copy of which was sent directly to the Board and the other parties to the proceeding.

As noted in Mr. Anderson's letter of January 22, 1982, pursuit of the modified Protective Agreement is contingent upon its being deemed acceptable to the Board.

Accordingly, I hereby request concurrence of the Board to the modified Protective Agreement, a copy of which is actached hereto. Specifically, I request that the Board substitute the modified Protective Agreement enclosed herewith for that Protective Agreement attached to the Supplementary Order of the Board dated January 7, 1982.

As noted in my letter to Mr. Anderson dated January 15, 1982, and in Mr. Anderson's letter dated January 22, 1982 to me, the reaching of agreement on the language of the modified Protective Agreement and the execution of it by Decade and acceptance of it by Westinghouse are without prejudice to either Decade or Westinghouse, and both parties reserve their rights to -

appeal or seek other redress, as appropriate, from any Orders or procedures directed by the Board. With re-spect to Westinghouse, we do not construe the acceptance of the modified Protective Agreement as submission to the jurisdiction of the Board, and Westinghouse does not waive its rights to object to the Board's jurisdiction with respect to this matter.

Very truly yours, a

Barton Z. Cowan Counsel for Westinghouse Electric Corporation BZC:BB Enclosures cc: Service List

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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 January 26, 1982, captioned " Wisconsin Electric Power Company, Point Beach Nuclear Plant, Units 1 and 2, Docket Nos. 50-266-OLA, 50-301-OLA, Protective Agreement" 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 on those shown on the Service List by deposit in the United States mail, postage prepaid, this 26th day of January, 1982.

/>t All.U2LAr Counsel for '[/ '

Westinghouse Electric Corporation Dated: January 26, 1982 .

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

' Francis X. Davis, Esquire Dr. Hugh C. Paxton Nestinghouse 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 Eckert, Seamans, Cherin & Mellott U.S Nu lear egulatory 42nd Floor, 600 Grant Street Commission 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 l Office of the Secretary I

U.S.. Nuclear Regulatory '

Commission Washington, DC 20555

[

Charles A. Barth, Esquire l Office of the Executive i Legal. Director U.S. Nuclear Regulatory l Commission l

Washington, DC 20555 Kathleen M. Falk, Esquire Wisconsin's Environmental Decade

, 114 North Carroll Street l Suite 208 Madison, Wisconsin 53703

w .s .

>:::-Q

.a. . . . . - s

y. . w. . : " .

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board i

In the Matter of  :

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

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

Units 1 and 2)  :

PROTECTIVE AGREEMENT In consideration of the disclosure by Westinghouse Electric Corporation (" Westinghouse") to Wisconsin's Environ-mental Decade, Inc. (" Decade") of Westinghouse proprietary information contained in the " Supplement to Affidavit of Robert A. Wiesemann" dated November 13, 1981, Decade accepts and receives such proprietary information in confidence and i

trust subject to the following terms and conditions:

1. Decade shall not scrutinize or use the Westing-house proprietary information for any purpose except in this Atomic Safety and Licensing Board proceeding involving repair of steam generator tubes at the Point Beach Nuclear Power Plant, Units 1 and 2 or in the administrative or judicial appeals therefrom. Such examination will be conducted on a nonpublic confidential basis. Except with the prior written 1/15/82 version

consent of Westinghouse, any proprietary information dis-closed pursuant to this Protective Agreement shall only be disclosed to the following persons:

(a) Not more than two legal counsel j

for Decade whose appearances have been entered of record in this proceeding (the a

names.of such counsel to be provided to Westinghouse at or prior to the time of disclosure);

(b) One representative of Decade, provided that such representative shall have first executed an acknowledgment to be personally bound by the terms of this Protective Agreement to be in the form set forth at the end hereof.

If Decade determines that it needs to disclose the Westing-house proprietary information to any other person it shall give Westinghouse seven (7) business days advance written notice. If Westinghouse notifies Decade that it objects to disclosure of the proprietary information to such person, i

Decade will not make the disclosure but may bring the matter to the Board for resolution.

2. In the event that a participant in this pro-ceeding is directed by the NRC or a court to reproduce or l

l l

l

o . .

disclose any information in any manner other than as set forth herein,-said participant shall first advise Westing-house in writing of such direction, and shall provide full details with respect thereto.

3. All Westinghouse proprietary information shall be safeguarded by each person and entity subject to this Pro-4 tective Agreement and held as secret and confidential.

4. If any person to whom disclosure is authorized hereafter is employed by or represents a competitor of West-inghouse at any time during, or within two years following, the pendency of this proceeding (including any NRC or judi-cial review of this proceeding), such person shall (1) notify Westinghouse not less than thirty- (30) days in advance of entering into such employment or representation; (2) re-turn to Westinghouse all Westinghouse proprietary informa-tion and any excerpts or copies containing the same in ad-vance of actually commencing such employment or representa-tion; (3) not disclose to any such competitor any Westinghouse proprietary information; (4) notify such competitor in writing of such person's obligations under this Protective Agreement;

! and (5) discontinue representation of Decade in connection with all issues involving manufacture or repair of steam generators.

d

5. Decade shall not make any copy or in any way reproduce or excerpt the Westinghouse proprietary information to be held in confidence hereunder, except for the purpose set forth in paragraph 1 above (provided that all-such excerpts and copies include Westinghouse's proprietary markings) . without the prior written consent of Westinghouse. If Decade wishes to file a document as permitted in paragraph I which contains any Westinghouse proprietary information subject to this Agreement, it shall designate such document as confidential by typing or stamping the phrase " Confidential Pursuant to ASLB Order" on each page thereof.

6. Decade may not assign this Protective Agree-ment.

7. Westinghouse retains all right, title and interest in and to the proprietary information transmitted under this Protective Agreement. Decade shall return such Y proprietary information to Westinghouse within ten days of being requested to do so by Westinghouse in writing, unless a contrary order shall be issued by the Atomic Safety and Licensing Board, Atomic Safety and Licensing Appeal Board, Nuclear Regulatory Commission or a federal court. If it has not been requested to do so earlier, Decade will return

~

the Westinghouse proprietary information and any excerpts l

or copies containing same to Westinghouse within ten (10) days after the completion of this proceeding, including the conclusion of any NRC or judicial . review of this pro-ceeding. Whenever Decade returns the Westinghouse proprie-tary information it shall certify to Westinghouse that it has either destroyed all documents listed thereon or re-turned them to Westinghouse.

8. It is understood that nothing herein shall be construed as granting or implying a patent right of any 4

kind or as permitting Decade to unfairly 'btain the right to use information which becomes publicly known through an improper act or omission on its part.

9. This Protective Agreement shall inure to the full benefit of Westinghouse and shall be enforceable by it.

10. All notices required to be given under this Protective Agreement to Westinghouse shall be in writing and shall be deemed.sufficiently given when deposited in the United States mail, registered or certified, postage prepaid, and addressed to Westinghouse at the address set forth below or at such other address as Westinghouse shall disclose in writing:

Westinghouse Nuclear Energy Systems P. O. Box 355 Pittsburgh, PA 15230 l

Attention: Mr. Robert A. Wiesemann l

l

AS WITNESS HEREOF, Decade has hereto set its signature to this Protective Agreement.

WIS IN'S ENVIRONMENTAL DECADE, INC.

By \ /-

w-q w US Title s/

V Dated: January L'24 1982 i

• e

ACKNOWLEDGE l

1 I acknowledge.that I have read the foregoing Protective Agreement (concerning disclosure by Westing-house Electric Corporation proprietary informa' tion con-tained in the " Supplement to Affidavit of Roberu A.

Wiesemann" dated November 13, 1981) executed by Wisconsin's Environmental Decade, Inc. on Januaryt & , 1982, and I agree to be personally bound by all of the terms and conditions of said Agreement. q .

=

J J

O O

, - - ,- m , . --o e- -

s'  :\ ,

g . g' ,

+

9 i E m%

- STAFF BOARD of DIRECTORS NcIhcdas Seat. Rafede lme Prof jote Neess.DetCTce O**

• Peter Anderson Defctoa c/ m;auc anaes Kurt Luedbe

" NEer Lg'd*

/

M- De Wisconsin's Environmental Decade $"j;"cl,5',c'71l," c Mary decouaa taxeroa.m coc,uarC.

Doug h ll4 Ncrth Carrct Street. Sute 208 Pachard Presnea K8"*""' M '**- "' C ' C" " " ^" ' *5 h Madison. V&rsn 53703 Hathaway Hasler, marra Nac.ia Thomas Van Alyea Reard Lernam Dr. Vcona Watson N.)2Ag7020 '

go,otn, t,g,,,oos. ,co yt,,,g n,c, juoth Laidsay Anne Wecherg Catheme Mortenson. CMG MAraGa Jamey Puter.toucArogu auxart January 22,, 1982 i

Mr. Barton Z' Cowa), . i .

- ' \ '

Eckert Seamans Cherin & Mellott 7. ,

600 Gran3 Street

- s Pittsburg, Pennsylvania 15219 --

\

' Re: Wisconsin,Flectric Power Company Pcint Beac3' Nuclear Plant Do'ckets 50-256 and 50-301 (Steam Generator Tube Sleeving) f sesuasmssessauasauaussassssasuu

Dear Mr Ccvan:

Reference is made to your letter to Je dated January 15, 1982, in'the.above-matter, including the attached Protective Order, Acs modified from the attachpent to;the Board's Supplementary Order. -

s <

Enclosed is your copy of the executed Protective Order.

\

It is expressly noted that our execution or this Protective g Order m,ay only be construed as submissica to thes gurisdiction to the Bo3cd and not as a ' voluntary agreement 'with Westinghouse Electric Corporation. , It is rendered over our strong objection and is made without waiver of our right to seek whatever redress may be approprig.te. One of our major reasons for not seeking immediate interlocutory relief is our fear that this would interminably delay the proceeding on the merits of the issues for collateral concerns. l It is also noted, as 'we d scdssed on the phone, that our respective pursuit of thist modif j ed Pyotective Order is contigent upon its being ' deemed acchetable to, the Board as consistent with its Supplementary Order,. >'

n . ' Sincerely, WISCONSIM' S ENVIRONMENTAL DECADE, INC.

I-by l

/f' ) y,

, PETER ANDERSON Director of Public Affairs PA/cp- P: 50266 NRC . Ll7 cc:Petei B. Bloch, Esq.

Dr. Jerry R. Kline Dr. Hugh C. Paxton Richard G. Bachmann, Esq.

Bruce W. Churchill, Esq.

'00 aECYCJD PA8ER

'+ .

ECKERT, S EAMANS, CH ERIN & M ELLOTT ATTORNE:YS AT LAW FORTY-SECONO YLOOR 600 GRANT STREET rnaNa L.scauaNs 4 oatz Mensway PITTS8URGH, PA.15219 ' MICMatt n.noRasny Canot r.omatsNam

• ~oTMy w. sitsauoM FRED w.oEORGE CARL CMan N nostnT w. 0077 (dia) 566-6000 otNNas J. Lewis ocoRot c.voartis CLova et.McLLOTT J. oamy nos Nsas JoMN n. neNaiCn TELEX-e66 72 wituam M. sCMonuNo rRcDaniCn s.nnuoan

w. onsoo acan "* $

S I N"mIno0N LL s a. s EO nl , J R.

TELECOPIER-(412) 566-6099 ("Nv'Ltot Ro kE En sCIINOMn

[MoYoRe!Ne" SiCYanoYotaostoNe,n - NMakEa$RN NLLi u cS. SNJn.

3

" inca J. C af C STON OM Nec^'$S*U"a'RTNEY C COUNSEL ""

ERNO o WILLIAM H. ECKERT NgYLIe s (, i r IaI N $ 50Y N wi u R.

ICE C. w IN nOOE MO J.S W oMT ARM a W RD LEON E. HICKMAN JAMES 4.oOCnLEY C. ARTHU2 WILSON, Ja. JOHN w. USiNotn,Jn. DENNIS J. O'BRiEN

- JONaTMAN E. MCnoEnT ' RICMaRO F. n C. KENT Maf O.AfCManO FUNA RiCMARO K.NORfA D.NaLDO HowaRO O. sCMwanT2 WILLIAM WAT5ON $MITH MaRoaRt? P. JOY C.Twf#v0 o.O'CONNQn "

i SI."f&a"4 !?r"wn*T, m "?*#Jk'#e"'"/w" 187 -1964 %E s~w"!LT fN #co"enicWeisPan sTuant a.wituaus a j Enos c.w Luaus omvaN O.nossNecnota gna a. u January 15, 1982 I Peter Anderson, Esq.

- Wisconsin's Environmental Decade, Inc.

Suite 208, 114 North Carroll Street Madison, Wisconsin 53703 '

l

Dear Mr. Anderson:

Re: Wisconsin Electric Porer Company (Point Beach Nuclear Plant, Jnics 1 and 2)

Docket Nos. 50-266-OLA, 50-301-OLA; Protective Agreement l

Pursuant to our several telephone conversations 4 of this week, enclosed are two copies of a proposed Pro-tective Agreement relating to the above-captioned matter.

Except as hereafter noted, the Protective Agreement and Acknowledgment attached thereto, which have been retyped by us, are identical in wording to the Protective Agree-ment which is attached as Attachment A to the Atomic Safety and Licensing Board Supplementary Order (Concerning Issuance of a Protective Order) dated January 7, 1982. The only change in the Protective Agreement is with respect to paragraph 4, where we have deleted the paragraph as con-tained in Attachment A to the supplementary order, and have substituted the language which you and I agreed to by tele-phone earlier today.

After you have had an opportunity to review the ~

Protective Order, please telephone me. Thereafter, I ex-pect to send a copy of the agreement to the Licensing Board for its concurrence.

)

4 4'

, ,,,..,,----.,,--?.n, _ . , - - . + , . , . . . - - , - - - - . . - , - , . - . . - - . ~ . - - - . , . , , , . , - , ,,,__..,,,.-,nn, ---,,..-,..-.,-n-,,.m, . -- -.

- E

, . {

l Peter Anderson, Esq.

January 15, 1982 .

As we discussed by telephone, the reaching of agreement on the language of the Protective Agreement and your execution and our acceptance of it are without prejudice to either Decade or Westinghouse, and both par-ties reserve their rights to appeal, as appropriate, from any Orders or procedures directed by the Licensing Board.

Very truly yours, BZC:BB Enclosures cc: Francis X. Davis, Esq. (w/ enc.)

s e

9

- - . - - - ~ ---r- , , - ,m- - - ----,r. .-, n , -- a,-