ML20041F769

Response to Wi Environ Decade 820227 Objection to Admission of Testimony on Confidentiality Issue.Decade Objection to Deletion of Info Re Amount of Money Expended to Develop Sleeving Program Unwarranted.Certificate of Svc Encl

ML20041F769
Person / Time
Site:	Point Beach
Issue date:	03/11/1982
From:	Cowan B, Davis F, Kenrick J WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OLA, NUDOCS 8203170398
Download: ML20041F769 (5)

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Jggrip UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 82 IMR 15 N0:09 V

Before the Atomic Safety and Licensing Bokrd In the Matter of  :

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

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

Units 1 and 2)  :

9 4

WESTINGHOUSE COMMENT ON DECADE OBJECTION '

TO THE ADMISSION OF CERTAIN TESTIMONY 3 ON THE CONFIDENTIALITY ISSUE RECEM-

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c, U $"Ju Camstexg ama.3 ,g,'jmm I. INTRODUCTION 5, g In a pleading dated February 27, 1982, bu

received by Westinghouse Electric Corporation (" West-inghouse") on March 5, 1982, Wisconsin's Environmental Decade, Inc. (" Decade") has objected to the admission of certain testimony on the confidentiality issue.

Specifically, Decade objects to admission of any of the contents of the Wiesemann Affidavit dated November 13, 1981, because of the deletion of the amount of money spent by Westinghouse to develop its sleeving process from the copy furnished Decade by Westinghouse. This deletion was made pursuant to the Atomic Safety and {)diO3 S

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Licensing Board (" Board") order dated January 7, 1982, entitled " Supplemental Order (Concerning Issuance of a Protective Order) ".

II. WESTINGHOUSE RESPONSE Because the Decade objection may be viewed as a motion for reconsideration of the January 7 Order, Westinghouse has the following comment. Westinghouse agrees with the prior ruling that the dollars expended by Westinghouse need not be disclosed to Decade under a protective order. Decade has shown no new informa-tion or basis for reconsidering the Board ruling. The Decade objection, which claims a due process violation, assumes that the Board will render a judgment based upon the dollar figure which has been deleted. Such an assump-tion is unwarranted.

The Decade objection also hints that Decade might rebut the investment figure of Westinghouse, but there is no indication of the nature of any Decade rebut-tal information. Decade knew the nature of the deleted material, although not the dollar amount, yet presented no testimony whatever with regard to a lack of Westing-house investment. Accordingly, there does not appear to be any reason for the Board to change its order with regard to deletion of the investment figure.1 Respectfully submitted,

/s/ Barton Z. Cowan

/s/ John R. Kenrick/BZC

/s/ Francis X. Davis Counsel for Westinghouse Electric Corporation Date: March 11, 1982 1 Westinghouse does not at this time comment on the Decade claim with regard to admissibility of that portion of the Wiesemann Affidavit setting forth the absence of safety problem. At most, Decade's objection goes to the weight to be accorded to that evidence and not to its admissibility. Westinghouse is confident, however,-that Mr. Wiesemann is fully qualified to testify on nuclear safety matters since he has spent the last twenty-one years as an engineer working in this area for Westing-house.

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

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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 " Westinghouse Comment on Decade Objection to the Admission of Certain Testimony on Confidentiality Issue' have been served upon the persons listed on Attachment 1 to this Certifi-cate of Service by deposit in the United States Mail (First Class), postage prepaid this lith day of March, 1982.

/s/ Barton Z. Cowan Barton Z. Cowan Counsel for Westinghouse Electric Corporation 2

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Service List WISCONSIN ELECTRIC POWER COMPANY (Point Beach Nuclear Plant, Units 1 and 2)

Pater B. Bloch, Esq., Chairman Stuart A. Treby, Esq.

Atomic Safety and Licensing Board Office of the Executive Legal Director Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Wa hington, D.C. 20555 Francis X. Davis', Esq.

Dr. Jerry R. Kline Westinghouse Electric Corporation Atomic Safety and Licensing Board Nuclear Energy Systems Division Panel P. O. Box 355 U.S. Nuclear Regulatory Commission Pittsburgh, Pennsylvania 15230 Wachington, D.C. 20555 Bruce W. Churchill, Esq.

Dr. Hugh C. Paxton Gerald Charnoff, Esq.

1229 - 41st Street Shaw, Pittman, Potts & Trowbridge Los Alamos, New Mexico 87544 1800 M Street, Northwest Washington, D.C. 20036 Atomic Safety and Licensing Board Panel Barton Z. Cowan, Esq.

U.S. Nuclear Regulatory Commission John R. Kenrick, Esq.

Washington, D.C. 20555 Eckert, Seamans, Cherin & Mellott 42nd Floor, 600 Grant Street Atomic Safety and Licensing Pittsburgh, Pennsylvania 15219 Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Charles A. Barth, Esq.

Office of the Executive Legal Director U.S. Nuclear' Regulatory Commission Wanhington, D.C. 20555 Kathleen M. Falk, Esq.

Wisconsin's Environmental Decade Suite 208, 114 North Carroll Street Madison, Wisconsin 33703 Attachment 1