ML20041F781
| ML20041F781 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 03/11/1982 |
| From: | Bachmann R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Bloch P, Kline J, Paxton H Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8203170409 | |
| Download: ML20041F781 (3) | |
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RBachmann Docket Files SATreby PDR/LPDR 0 ELD FF (2) ffff3 March 11, 1982 Chron Peter B. Bloch, Chairman Dr. Hugh C. Paxton Administrative Judge Administrative Judge Atomic Safety and Licensing Board 1229 - 41st Street U.S. Nuclear Regulatory Comission Los Alamos, New Mexico 87544 Dr. Jerry R. Kline Administrative Judge e
e Atomic Safety and Licensing Board 6
g U.S. Nuclear Regulatory Comission E-g NO In the Matter of
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WISCONSIN ELECTRIC POWER COMPANY
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(Point Beach Nuclear Plant, Units 1 and 2)
(Repair to Steam Generator Tubes)
N Docket Nos. 50-266 and 50-301 M
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Dear Administrative Judges:
During the on-the-record telephone conference held on March 4,1982, the Staff comitted to furnishing copies of two pages inadvertently omitted from an enclosure to the Staff's testimony filed on February 25, 1982. Tr. at 1177. Enclosed are pages one and two of Howard Shapar's memorandum of March 31, 1976. These constitute the first two pages of the enclosure to of the Testimony of Timothy G. Colburn.
Sincerely, Richard G. Bachnann Counsel for NRC Staff cc: w/ enclosure To rest of Service List 8203170409 820311 PDR ADOCK 05000266 o
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NRC FORM 318110< 80l N RCM O24 0 OFFICIAL RECORD COPY
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UNtitD ST ATES NUCLEAR REGULATORY cO*.*.Miss10N I
W Asmr1GTotJ. o. c. 20555 l
tMarch 31,'1976 l'
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Robert B. Minogue, Director, Office of Standards Development
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Kenneth R. Chapman, Director, Office of fluclear liaterial Safety
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and Safeguards Benard C. Rusche, Director, Office of Nuclear Reactor Regulation flerbert J. C. Kouts, Director, Office ~ of Nuclear Regulatory descarch llarold D. Thornburg, A; ting Director, Office of Inspection and t
j Enforcement f
AI1EHD:EllT OF 5 2.790, "PUBLIC IttSPECTIO:IS, EXEi1PT10its, REQUESTS FOR WITHHOLDIllG," 0F 10 CFR PAPsT 2, " RULES OF PRACTICE" Final amendments to the Commission's regulations in 10 CFR 12.790, f
"Public inspections, exemptions, requests for withholding," were k
published in the Federal Register on Itarch 22, 1976. The majority of the revisions deal with the manner in which the Commission will i
d process and evaluate applications by potential licensees and others for withholding " proprietary information" from public disclosure.
The amendments will become effective April 21, 1976, and all appli -
cations for withholding " proprietary information" submitted on or after that date will be governed by the new regulations. This i
,[
note summarizes the principal changes to the rule.
h Section 2.790 of 10 CFR provides that final NRC records and documents regarding certain licensing actions or rule making proceedings i
generally shall be made available for'public inspection in the NRC Public Document Room. Paragraph (a) of the rule, however, sets forth nine categories of records which the Commission may exempt j
~
from disclosure. These nine categories have been revised to conform i
to the nine categories specified in.the Freedom of Infomation Act
'(5 U.S.C. E 552(b)). The former rule provided, for example, that,
" proprietary data" would not have to be placed in the Public Document f
This category has been revised, in accordance with the Free-Room.
dom of Information Act's fourth exemption, to permit withholding of " trade secrets and commercial or financial information obtained from a person and privileged or confidential."
(For convenience of discussion, this memorandum will use the term " proprietary information" instead of the more cumbersome language of the fourth exerrption.)~
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n i March 31, 1976
' While 'the: rule now climinates' any reference to certain specific types of HRC documents, such as intraagency memoranda " prepared
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for or by the Commissioners or the Advisory Committee on Reactor f
Safeguards," the previously referenced -documents may be withheld to the extent the Freedom of Information Act would pennit exemption of such documents from public disclosure. The Office of Executive Legal Director will advise on a case-by-case basis whether documents which have been fonnerly exempt under 10 CFR S 2.790(a) may continue to be withheld from'public inspection under the. amended rule.
Paragraph (b) of s 2.790 sets forth, as it has in the past, a special procedure for exempting " proprietary information" from public inspection.
The former rule stated that a person who proposed that a document be withheld from public disclosure on the ground 5
that it contained " proprietary data" had to submit an application for withholding ~ which identified the document sought to be with-held and fully stated the reasons on the basis of which it was claimed that the data was proprietary.
This procedure under the revised rule has been changed in several important respects.
The-statement of reasons for claiming that the information should be withheld from public disclosure must now be submitted in affidavit form.1/ The affidavit must be executed by the owner of the infor-mation, even though the information sought to be withheld is sub-mitted to the Commission by another person. 'Thus, if the information is proprietary to a reactor manufacturer, but is submitted by a
_ utility as part of its application for a construction permit, the affidavit setting forth the reasons for ' claiming that the information-
-is proprietary must be signed by the reactor manufacturer.
When an affidavit is submitted by a company, the new rule provides i
that it must be executed by an officer or an " upper-level management official who has been specifically delegated the function of re-viewing the information sought to be withheld and authorized to apply for its withholding on behalf of the company."
Furthermore, the rule states that the application for withholding 2/ and affidavit shall be submitted at the time of filing the information sought to be withheld.
The language in the fonner rule which permitted later.
application after the information had been submitted to URC has been climinated.
1/
An affidavit is a " written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirma-tion of the party making it, taken before an officer having authority to administer such oath."
2/
Under the revised rule, the application for withholding becomes merely a ~ request to the Commission that the accompanying document be withheld from public disclosure under 10 CFR S 2.790 on the ground that it contains " proprietary information."
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