ML20041F085
| ML20041F085 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 03/04/1982 |
| From: | Patricia Anderson WISCONSIN'S ENVIRONMENTAL DECADE |
| To: | Bloch P, Kline J, Paxton H Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8203160175 | |
| Download: ML20041F085 (15) | |
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BOARD of D; RECTORS STAFF
$aY5" NUS 62 ll -9 A10:43 Urfnee$s*2Cl'Lnm,4.s
' '**' " " SPe^c" *'*c' '"c*5'oo"* o' Ec7c57 oer P-of jotn Neess Wisconsin's Environmental Decade jane i Bu ns. ed 1wce. cocarw.atoa r
M k*' D # Doug Neison ll4 fl Orth Carroll Streetc Sute 208 Mary ceGezzaid' toutator4 tal coua:x a rca A,ctwd PrW K'"*" M *"* ' ' o* " c" ^" ^ *5 { Madsen. Wsccinsr> 53703 3 . 3 i ^ Pxha d teWnn Dr. Vctore Watson _ (608) 251 7020 . A' . F Dorethy Lagerroos. e co evtttira tratos Mth l* Arre Werberg Catnerne Mortenson, orrett Marsaa jarney Potter,Ituato4 rmt assocart ( mrch 4, 1982 Peter B. Bloch, 01 air Atcmic Safety & Licensing Board O U.S. Ntx:lcar Regulatory Ccmnission . Washington, D:: 20555 . p 4 , Dr. Jerry R. Kline s NC6l!'ED 9 Atanic Safety & Licensing Board L' 1 U.S. Nuclear Ibgulatory Ccmnission -; gg I,519S2> Washington, DC 20555 q; ,M '~O ' Dr. Hugh C. Paxton g @ Atanic Safety & Licensing Board ' N. 1229 41st Street Ios Alamos, New Mexico 87544 Re: Wiscons n Electric Power Capany Point B5ech Nuclear Plant Dockets 50-266 and 50-301 (OIA) (Full Scale Sleeving Proceeding) Gentlennn: 1 ! Per the request of the Board, please find enclosed those attachmnts to I the February 23, 1982 Anderson Affidavit which are not under a trade secret order of the Public Service Camission of Wisconsin. Sincerely, WISbCNSIN'S ENVIRONMENTAL DIrADE, INC. By: Peter Anderson l Director of Public Affairs cc: Richard G. Bachmann, Esq. Bruce W. Churchill, Esq. Barton Z. Ccwan, Esq. l b h l 8203160175 820304 l PDR ADOCK 05000266 0 PDR _ m _- _
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I decommissioning as it related to this case and the 8g 4 altornatives to steam -- buying s team genera tors . , I i L Now, whatever is in Paragraph 4 and Paragra)ph i 1
'. thai i n .. r n upori decornmissioni ny, i f you want to une it.
'. why, cortainly you may do so.
, That's the whol e poin t '
r.
; that has been taken care of in my view by the keeping open of this case fo decommissioning.
i 8y MR. CHARNOFF: Let me just say why I'm tak-I
's inq the ponition I am.
Context Number 4 in his pctitton,
.; 1 10 .
says that there ought to be an rnvironmental Impact I 11
- Statement which ought to deal with certain matters .
, The 12 fact is that that very lucid Commission document that n) Mr. Anderson acknowledges is lucid,on May 12, 1980, says, --
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ii , deals explicitly with that item. It says, "The proposed t i l, '; replacement of steam ger.erators will be screened" -- i ,,' screened -- "for enviror. mental impact under Section PSC .b9, l I I: ;i Wisconsin Acministrative Code, and if that action is y found to oc a major action having significant effect on U , pi b the human environment, an irnpact statement will bepreparhd U il
.o ;; . and considered by the Commission. The Commission deems i
.i ,, it inappropriate to determine the cont ents of a possible impact statement in advance of the screen, and will not
, 3 l' address your proposals for content at this, " and I think 1.
;. what Mr. Anderson is attempting to do is to try to push I.
,.., O you into saying, "Yes, there should be something in ti 0
l Anthony C, Gill and Associates, Inc. . General Reporters i EXHIBIT A
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i response to the petition." The petitioner's issue Number ' 2 4, when the Commission has specifically, explicitly, I and lucidly addressed that particular matter, and I think~ - t .e a unf air of him to do that to you. ' il l 4 THE EXAMINER: Well, all I'm saying is that
'I o l the general-issue in this case encompasses the decommissior.-
l . 7 j, inq problem, and whatever else that entails, that will
!I n] have to be delved on the record, and I'm not saying in any s i
respect whether Paragraphs 4 and 5 of your peti tion are m granted or not granted, or will come into play or won't il si li come into play. I'll have to determine that on a questiot-i i3 , by-question basis, and make a determination as to whether. 4 i; y I believe it's relevant at the time, and tha t 's really all , i 8 l
- ql my ruling is, i, All ri gh t , we 'll take a ten-minute recess.
9, l (A brief recess was here had.) W 17 (Brief discussion of f the record.) e i THE EXAMINI;R: Back on the record. Durinq in f I i , , the o f f-the-record discussion., Mrs. James has indicated )
,n,
\l; that before she would agree to any in camera proceedino
,, ;l regarding the documents that have been discussed in this y proceeding, she would like a s howing as to why they shoul
, be given any protection whatsoever under any theory, and '
1 1 Mr. Charnoff, you're going to enlighten us? j
; i MR. CHARUOFF: 0
.j l
Yes. I would say that the j . j Anthony C. Gill and Associates, Inc, o General Reporters : g , e o ,
4* *4 ~ 594 t . L ih settlen.ont agreement contains the terms and conditions l 2 ;jl associated with the sale of spare steam generators by I
.; Westinghouse to Wisconsin Electric a't terms that we've i considered to be quite favorable. There are base prices
., in there, there are escalation indices in there, there are warranty conditions in there, much like the fresh
=; ale of any new substanhial piece of equipment, all of i
3 which is proprietary to Westinghouse. , y There are specific commercial terms associated v m with sleeving and the sleeving demonstration program l s which were the result of very hard bargaining, and which I again, we view to be quite favorable, which came about . because that whole arrangement was considered by Westing-l 1 f house and Wisconsin at the outset to be a sensitive 15 ' i financial negotiation between the two parties, and among t le, g other things, the final agreement contains language which,
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j commits both parties to maintain this document as proprie tary, and to assert its proprietary right in any tribunal; la L N where the issue comes up, and if we were to yield on that vi 'l I
!! - we would be breaching that agreement, and we would be lo p, j allowing the other party to the contract, Wes tinghouse ,
21 l 1 I to walk away from what we consider to be a favorable ! 21 l' l i, settlement to Wisconsin Electric. 21 J : For all of these reasons, we think that anh M l d fair-minded observance of thi s --thia ' inc a ' very cetWtmtpo:h~
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- General Reporters i!
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5.- ,, 000 yTp( .. h 1 1 coc ume n t. , r.ecessarily relieves to competi tors of Westine-d house the way in which Westincheuse (a) prices, and (b) i , .< t I l e . <li::put es of the types w<' havr. and for Wi r: conn i n L i I:l e< t r i c, it i:. sensi t.i ve anci i r po r t .in t to on, tu cau:a- it
., is the only way that we can r.eg:tiate in good faith and d
,, obtain the best possible prices. It's for that reason that we 've agreed that it 's prcprietary. We have an n interes t in it; Westinghouse dces, too, and we would hope
.. c the Commission would recognize that.
- p. J f45. JAf4ES : f4r . E::ami ne r . I would just po i r.t
! O is out that aside from the agreeme.t between the parties D
i _. which f4r. Charnof f has stated was made to keep i t secret. Q ii everything else he has said wou'd be equally true about
; a it my contract for my salary, which is a matter of public I
i , :! record. It is, you know, the result of hard bargainina i i g, and negotiations, and -- 1 i- f4R . C H A H f;O F F : Ex ept tha t, f41ss James. I I.
- g. don't know what the competitive market is associated with
. It n, your per forr.ance and your salary,. I can tell you that the
,; 1 market in connection with the purchase and sale of equip-(
nient qf this type and services cf this type happens to te l l 1 a small market. It is quite co.petitive, and I always [ 2<
', understood the Department of Justi ce and ot her anti-t r unt 1 2-people to be concerned such that competi tion be maint air.ci
! in this area. and one of the th;ngs that they're resistee l
[ Anthony C. Gill and Associates. Inc. . General Reporters '_ - - - - __ _ , m.. . = - __ .- :- --I b
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THE WITNESS: I.believe my Counsel may have . U 2p J personally do not. 3iHyMR. At:DERSON: I jO And do you know if minutes were kept, or any written
,IB summary was kept of any of those meetings that were held 6j by anyone so far as you.are aware?
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A There may have been. I do not recall specifically that i . Il minuten were kept of those mee t i ng . .
" l! :; e.. lin t there m. i y have been? .
M t A There may have been a record of wha t was discussed, 11 perhap.s in the fo rm of. a letter, but not minutes of a i 12 meeting as such. i 13l 0 Would -- I understand you said "as such." Would members 1 1 11 i{ of the Wisconsin Electric negotiating team have sent any
!i 13 ] kind of written transmittal to other members o f the sta f f 16 q o f Wisconsin Electric or of ficers of the Wisconsin Electr Lc 1
1: ! summarizing what had transpired at this meeting or at Y 1 is ' that meeting? 19 1A There m.iy be such correspondence. I do not author it, and 20 { 1 have not personally seen it. ' il . c 21 { MR. ANDERSON: Mr. Examiner, I wo ul d l 2; ; request the fol lowing, then. I would make a -- the 3 requ "t to either Mr. Porter or to Mr. Charnoff. The
., g ii.st thing I would request is a copy of the sett1ement .., oorcement apparently dated February 6th, 1981; a second --
l l l Anthony C. Gill and Associatas, Inc.
- General Reporters
! EXHIBIT A
& v . $f$ bf h M* O EWhF " *'W^T- - P !^ - - - - - ~
'l the second item is a copy of any written material that 2 indicates or reflects directly or indirectly what trans-3 pared at. t hose meetings held between early 1980 and Febr t n l
4 6th, 1981, whether betwee- or within the respective parti's I r, related to 1.he se t tl emen t agreement; and third, copics of I 6 all wri tten ma ter_i_al that was sent to and f rom Wisconsin 7 1:lectric and Westinghouse Electric Corporation in that 8 same time period rela ting to the settlement question . i 9 - MS. JAMES: I ,need some cla ri fica tion on j to yout second request, Mr. Anderson. Are you requestino 11 that somebody present either the Commission or the 1)t il i t J i 12 pr oduce in-house Wes tinghouse material s on the meetinas? l 13 MR. ANDERSON: Only if they are in the file i 11 and possession of Wisconsin Electric. 15 MS. JAMES: Okay. 16 MR. ANDERSON: Thank you, Mr. Examiner. 1; Tile EXAMINER: Mr. Charnoff, do you have any 1 18 resp nse? y 19 MR. CilARNOFF : Yes. We would be pleased 20 under an appropriate proprietary protection agreement and ' 7; order'to excise f rom tlie settlement agreement that portion , 22 1 the se t tl eme n t agreemerit which relates to the t er. t i nony j 3 in t he middl e o f page 10, that is, the so-called 500,non -
.j g increase, and we would be able to provide that, and it ,
woul d con t ai n certain proprietary inf or ma t ton wi I h t e .pi 1 Anthony C. Gill and Associates, Inc. . General asporters
I i to base prices and so on. I see no need to provide to Mr. Anderson in .:onnection with this particular cross-
,I
" e xamina t io n t he second and third categories of informatio n that is requested, soinc~kf which involves confidential I
lawyer / client. cortmuni ca t, ions , so we would object both em t ha t. pri vil eged ground,on irrelevancy and no on to
' cateqorien two and three,. and I would grant a .l iini ted peek by Mr. Anderson to that portion of the settlement aqreement that rel ates . to the matter tha t seems to be o f L
i concern to him with regard to Mr. porter's credibility.
't MR. ANDERSON: Mr. Examiner, if I may
- senpond, the Cornpany is' putting forward the April 1st i
date as if it were some kind of deadline . Of course, I I .* would precede any statement further by saying we would i l
'i
. dispute the relevancy of that deadline in' terms of guid-I i
.2 ing the Commission as to what due process requires to l'
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publ ic part.icipa tion, but putting that aside for the 5 ;. . l I j 4 moment, Ihe issue is i f 'that i s put aside, whet.her that l, j l; 1 4 iieadline was reached by la -- in an atin's lengt h-type of i ! l-1 ;0 , relationship, or if it ts a, quote, " sweetheart. deal," l 21 , ut,q uo t e , Kind of relationnhip, or whcte that April 181
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l . t d.atiline c.uno about and!what uau t he ban i:. on the inte: l l2 i I
- 1 l relationshij of t.he parties in coming to t. ha t conclusion, I
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; :: ] to the extent that April 1st is in fact some kind of dead I q
' 1ine and to have simply the final codification, the end
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.'I d,, i j Anthony C. Gill and Assor:ates, Inc. . General Reporters ,
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a F 655 i : h 1 i I TRANSCRIPT OF PROCEEDINGS i l 2 b
. EXAMINER WOLTER: Hearing will reconvene. !
i' The reporter has the appearances. j I ' i MS. JAMES: Has he noted that Mr. White . l !
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, and Mr. Anderson are not here today? l
,, EXAMINER WOLTER: c That's 'orrect. l MR. CHARNOFF: Before we proceed, let me z l
discuss this question of the settlement agreement and ; o the so-called in camera hearings and so on. If we're j 1 . t : m, to have an in camera hearing, and I guess it is almost > 8 i ii certain but not yet, if we're to have'this on the 23rd, t, in any meaningful way such that there could be considera-l ; gi tion here, I guess, of, A, the appropriateness of the i
! l i, j proprietary stamp that we have on these documents and l i ,, o to facilitate any examination that the Staff or any of g, 3 the parties would like to make with regard to the settle ,
i' I g ment agreement. I guess it would be appropriate to l l have them have an opportunity to look at it before then. g f
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,,, And what,we're interested in doing is accommodating that i i I
, so that we don't have further delay at that particular -
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, time. i i l
,, To accommodate that, what we would like l 1 :
to do, Mr. Examiner, subject to your issuing an appropriate l l statement on the record with Ircgard to this, what we l l ft n h would like to do is m!.ke available to you, Mr. Wolter, ;
.',,n .,
l > l i Anthony C. Gill and Associates'. InC.
- General R@@@et@es
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658 ' I our copy of the GCttlement agreement which is basically 2 [ t 2 a document plus these appendices for you to hold as a ! t
.t I proprietary document at least through the in camera 2 u i l
session where this is examined and any appeals to any l .1 I i decision that might be made to release it, and have 1l It
,, p this copy in your possession and + hen make it available : .,
l '
;y to the parties and the Staff, for your custody in effect, e, n,
l f r them to examine this between now and March 23rd, ; i i, such that they can be prepared to consider this matter i nj I go on the 23rd with us subject to the fact that if tney is gg were to see it they're not to make 'cxr, ies of it , re- in 3 ., produce it, discuss it elsewhere and so on. And to ll
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,, I treat it in effect as a proprietary document, at least u
,, through the period of time I outlined, i.e. through the ig
, in camera session and any decisions relating to it is l possibly being declared non-proprietary in effect. '
I' i7 It seems to me that if we do that we then i 9, ; s, . t
" i won't encounter the problem of coming in here on the ut l !
i:
,,, l 23rd and the parties saying: We haven't seen it yet, .
ut i .
,,, l how can we deal with it? .
So if you would enter -- except it on that' ;,n 22 I basis and make it clear on the record that it will be '
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treated that way, I would like to present this document . 21 ; -- to you. ! 7 21 -,, ' o EXAMINER WOLTER: I certainly can't see , j Anthony C. Gill and Associates, Inc. . General Reporters I l
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; 865 e
i TRANSCRIPT OF PROCEEDINGS 2 THE EXAMINER: Hearing will reconvene. Just 3 so the rpcord is clear, who appears on behalf of the 4 Applicant? 3 MR. CHARN0FF: Mr. Charnoff and Mr. O'Neill. l 6 from Shaw, Pittman, Potts & Trowbridge. l - THE EXAMINER: Anyone appearing in support a of the anplication?
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9 (No response.) 10 THE EXAMINER: In opposition? 11 MR. ANDERSON: Wisconsin's Environmental 12 Decade, Incorporated, appears by its Public Affairs 13 Officer, Peter Anderson, 302 East Washington Avenue, 34 Suite 203, Madison, Wisconsin, 53703, in support of the 15 Petition to retire that was filed on April 23rd,1.980. 16 THE EXAMINER: Mr. White? 17 MR. WHITE: I will appear as interest may is appear for Citizens for a Better Environment, 536 West 39 Wiscons$n, Suite 502, Milwaukee, 53203. That's Richard go White . 21 THE EXAMINER: Ms. Hedman? MS. HEDMAN: Susan Hedman, as interest 22 _ _ 23 may appear for the State Senate Energy Committee, 334 7, South-State Capital, Madison, 53702. THE EXAMINER: Any other appearances as 3 Anthony C. Gill and Associates, Inc. . General Reporters EXHIBIT D
. --_ ~;....---. .. , t 7-866 i interest may appear or in opposition?
2 (No response.) , 3 THE EXAMINER: Very wel1. Who appears on
, behalf of the Commission and the Commission Staff? ,
7, MS. JAMES: Barbara James, Assistant Chief , 1
,, Counsel. With me from Engineering are Lanny Smith and Tsun -
j i Lit Poon, and later in the morning from SPERCA ulli be , 3 Sarah Jenkins and David Schoengold. - 9 THE EXAMINER: All right. I believe' that , in , completes the appearances. Just off the record. i (Discussion off the record.) 3.,- THE EXAMINER: Back on the record. 12 1: 13 CIMIRMAN YORK: The Commission discussion l la
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i4 l resul.ted in a decision granting trade secret protection 14 ir, f to Ex111 bit 34 and the appendices. I r, g, MR. CIMRNOFF: 36 -- 34 and 36. i-Cl%IRMAN YORK: I am sorry. jg ,i MR. CHARN0FF: It is Exhibits 34, 35 and 36 18 ll in ! 34 is the agreement , 36 are the appendices and 35 was a 19
.,g f selection from the agreement.
!I 20
.- , , k* CIMIRMAN YORK: And that within that end
! 21
! result one Commissioner would grant the protection o:1 the
-- l 22 ,
,,3 i basis of Westinghouse and Wisconsin Electric, another on
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[ the basis of Westinghouse -- Commissioner Parsons woul.d
- : 2 grant protection on the basis of Westinghouse and Wisconsi1 l Anthony C. Gill and Associates, Inc. . General aeporters
867 i Electric, Commissioner York on the basis of Westinghouse 2 only, Commi.ssioner Nunnery on the basis of both Westing-l 3 house and Wisconsin Electric, but Commissioner Nunnery l l 4 would grant the protection only to selected portions of
- y, the documents in question.
l '"J-6 MR. CHARNOFF: Of Exhibit 34. CHAIRMAN YORK: Of Exhibit 34, okay.
; 7
' MR. ANDERSON: Coul.d I ask. -- if this 3
would be the appropriate point, I think the record should 1 > li 9 ( , l; io reficct those portions which the Commissioner would make ii public, either here, or if considered more appropriate i i in the final order , but I think the record would be 12 I assisted by that elucidation occurring at some point. i 33 MS. JAMES: I think it could be incorporated i ., l 33 in the order or in his decent. COMMISSIONER NUNNERY: We will incorporate t 16 37 it in the order. 6 THE EXAMINER: Off the record. g !!' in (Discussion off the record.) g THE EXAMINER: Back on the record. During gi the off-the-record discussion Mr. York asked about further 22 in camera proce9 dings, and let me state for the record 33 that it is my intention to take up all of the non-in-camera' matters first. Every time an in camera question pops up,
)s h 3
I am going to defer it until the end of the proceeding, Anthony C. Gill and Associates, Inc. . General Reporters m g- M , e-k "'f4 h Q ' ,- g
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i t and than wa will tcke all those questions in one place in 2 the record at the end. 0 3 , Is there any objection to that procedure? i 3 i t , MR. CHARNOFF: Yes. Let me raise a question. i 1 5 r, I think it would help the so-called liability question if 5 3 there was a discussion in camera at the out<:et with res-6
; pect to our views with regard to the liability of Westing-a house, and to that extent I think we should put a witness 8
o on first to deal with that, and that shduld necessarily 0 10 be in camera. ! l 10 p; MR. ANDERSON: A procedural matter we l Il 12l would be raising would be in conformnce with that l j l I2 13 l suggestion that Mr. Charnoff raised.
; 13 i .s
! THE EXAMINER: I don't understand that.
is
! MR. ANDERSON: We are going to be raising i r, ! is i
l 36 ; something procedurally that would fit in in regard to l l 16 l ' i; the so-called liability issue -- that would fit in with l 1; I in proceeding in the manner that Mr. Charnoff suggested, of 18 in taking that up at the conclusion of this phase of the pro-19
.,m cceding as opposed to the end of'.the whole preceeding.
2n el
- THE EXAMINER:' A1.1 right . Off the record 21 a second.
22 l y-- (Discussion ~ ~off the record.) .
,3
,~ , , THE EXAMINER: On the record. The Commissipln i 2 l
3 will now conduct a discussion among itself as to whether ! 2s ,
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.- pians to spend $75 m:
of the tubes. e:cctr;: Wiscensm E>ctric Power Co. Ten en s: cam spekesmannat:ons day. the c0mpany had cencrator tubes and the company is Hartel saidan cgreemen: under pairs to Pomt Scach ?.ucicar Plan: Jchnwith Earte; sa:d '.bn-a favcrab'c srti:ccent C Wesurghause for steam generators. and de:ac cf ltheM'
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i [Mg-Im NI ihE.M'i9 '/ND}@F,&g$hY.;. N p h ,b.lt werked cc: wrach Wes::nghouse wcu:d pay 1A1 se:::cment have been rev:ewed with J , ep M *W.<;
![:d f (@W;,*j b pgp% #cret accordmg to State Sen. Jcse?h k),tjggf.'y(MDM A QM Strohi/ D R3 cme. Electric. spckesman .' trymg to keep that informanen percent of the ecs: cf a tes: pre;ect::ec m - the Puthe Serv:ce Ccmm P{6 se St i.6 rj74p h M E Wisconsin
!h.1%N,h Den:s Ko;s would not comment un .to see tf metal s!ceves :ns:a 0p cor. W:scensm. - Ld fMO. r E 'd.%id the purchas? the generater tutes we.:.d 5: "The comm:ssi:n has he'd len 'y
# h'"et ) .Pf 1M / d W.*
M .D1*,$ip.tr.pft - c;uest!;ns about rosien. heamgs and W;s :ns:n k'rd*WDMI8,pM I"4 - WedWay. p;E: JMP.
*N'N 1,~..;!;l,);bc.i piPS r' M + -
s Strun! says %.isconsin E;e .':'.; has If the test proves successfu!.
% :'h Wesun;; house has agreed a p:y 52testi;ed c dem:: ca this m :ter dyk.,;f 6<gfL.m.*V.f.)W.. s.M.3m cut a "ppr.
secret de;% w% esunghouse E:ectt:c Corp. to pur-ra r s u yva erked .
*. < F M.c h Beach percent c! the cos: ci a !.;::.sca:e that spec;f;cs Of the sett:ement
$ h.; !.?hh:/[82h.
h $ 't .t. -{[d,jj.
; , : sa;c. in!:rmanon. . \a ,a prcpr.etarythev were made avahbc to parte M@?!k*e ' Ur d ' $ s efhk%.
M. /.'% * (N.W .'F;iMOQ j'3Iah fig.t Is. 5-@ chase towcc E tne tubes for ine Pc.ntNuclear a: 'ce Power hearmg. Plant inc:ud=g members northIf cf also charges W.scens:n t'e :es:s sas nct sacre : no: s.as pre-sented te
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d,,j. t [f g ectr:c StrohlE: % ghas j agreed na: to sue Wes:- m:ssicn n mghouse ever prob: ems with ets:- A!:er ara:ers remar.;s were re-Fe::ruary. - Kcts sc;;dWes"rghouse has tee re-
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