ML20041E266

Objection to Admisssibility of RA Wiesmann & Tg Colburn Testing on Confidentiality Issue.Intervenor Copy of Wiesmann Testimony Does Not Include Alleged Investment Cost Re Sleeving.W/Certificate of Svc.Related Correspondence

ML20041E266
Person / Time
Site:	Point Beach
Issue date:	02/27/1982
From:	Patricia Anderson WISCONSIN'S ENVIRONMENTAL DECADE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8203100308
Download: ML20041E266 (4)

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NUCLEAR REGULATORY COMMISSION V

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Wisconsin Electric Power Company POINT BEACH NUCLEAR PLANT UNITS 1 & 2 DOCKET NOS. 50-266 AND 50-301 Operating Li' cense Amendment (Steam Generator Tube Sleeving Program)

DECADE'S OBJECTIONS TO Ti!E ADMISSION OF CERTAIN TESTIMONY ON Tile CONFIDENTIALITY ISSUE Wisconsin'r Environmental Decade, I n c . ( " D e c'a d e " )- hereby objects to the admission of the following prefiled testimony-on the confidentiality issue for the reasons set fort'h with more, particularity below:

1. Westinghouse Testimony of R. A. Wiesmann.  ;

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2. Staff Testimony of Timothy G. Colburn.

Wiesmann Testimony The matters incorporated by reference into the Wiesmann Testimony consisting of his supplement to his af.fidavit dated November 13, 1981, are objected to in theit entirety because Westinghouse has deleted from the Decade's copy the.ualient number representing the alleged investment to date by Westinghouse in the sleeving technology. Id, at p. 5.

Westinghouse has refused to provide the Decade with this portion of the affidavit notwithstanding the fact that the p g information would remain under a preliminary protective order, t 0203100308 820227 PDR ADOCK 05000266 -

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,is c , Protective Agreement, dated January 15, 1982, and notwithstanding the additional f act that Westinghouse retains the right. to withdraw the affidavit in the event the affidavit is not ultimately found to warrent trade secret prbtection, ses, 10 C.F.R. 52.790 (c) ,

It would be a violation of due proceus of law to have the decision maker render a judgment based upon evidence that opposing parties do not have an cpportunity to rebut. 5 U.S.C'.

9554.

Even if the affidavit is admitted into evidence over the Decade's objection to the affidavit in its entirety, the portion of the af fidavit alleging the absense of a saf ety problem,14.,

a t p. 1, 53, should not be admitted on the grounds that (1) the witnbss has not been qualified to testify on nuclear safety, see Wiesmann Testimony, at pp. 1 to 4, (2) even if he were qualified, no factual support is provided for this naked assertion, and (3) 6 questions of safety, in the context of which they are presented, are irrelevant to this phase of the proceeding.

Colburn Testimony The Colburn Testimony is objected to in its entirety because

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it c,onsists of legal argument appropriate f or the Staf f's brief but does not consist of any new factual evidence appropriate for receipt into evidenc'e.

Even if the Decade's objection to the Colburn Testimony in its entirety is not sustained, the portion of the Colburn Testimony, drawing conclusions from the Staf f's Saf ety Evalbation Report on the Demonstration Sleeving Program should not be I

admitted. Id., at pp. 5 to 6. The Staf f's conclusions about the

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E safety. consequences of a. demonstration. program on 12 .s t~c a m generator tubes i s not applicable to a full scale sleeving program involving thousande of such tubes, as this Board has noted on numerous occasions.  !

DATED at Madison, Wisconsin, this 27th day of February, 1982.

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WISCONSIN'S ENVIRONMENTAL DECADE,.INC. -

Original Signed oy .

. by Peter Anderson ,

PETER A'NDERSON Director of Public Affairs 114 North Carroll Street Suite 208 Madison, Wisconsin 53703

. (608) 251-7020 -

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NUCLEAR REGULATORY COMMISSIONg . .

. ud;CH Wisconsin Electric Power Company POINT BEACH NUCLEAR PLANT UNITS 1 & 2 Docket.Nos. 50-266 and 50-301 CERTIFICATE OF SERVICE  !

I certify that true and correct copies of the foregoing document will be served this day by depositing copies of the same in'the first class mails, postage pre-paid and correctly addressed, to the following:

Peter B. Bloch, Chairman Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. Hugh g. Paxton 1229 -41s Street Los Alamos, New Mexico 87544 Dr.- Jer ry R. Kline Atomi~c Safety & Licensing Board -

U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Docketing & Service U. S. Nuclear Regulatory Commission Washington, D. C. 20555

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Mr. Richard Bachmann Office of Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Bruce W. Churchill Shaw Pittman Potts and Towbridge 1800'M Street N.W.

Washington, D. C. 20036 Mr.. Francis X. Davis" Westinghouse Electric Corporation P.O. Box 355 Pittsburgh, PA 15230 dL k ,lb ul w -

Dated: 3 -/ U "U U

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