ML20050C250

Advises That,Based on Review of Listed Documents Filed by Wi Environ Decade,Westinghouse Will Not Conduct cross-examination

ML20050C250
Person / Time
Site:	Point Beach
Issue date:	03/30/1982
From:	Cowan B ECKERT, SEAMANS, CHERIN & MELLOTT, WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Bloch P, Kline J, Paxton H Atomic Safety and Licensing Board Panel
References
ISSUANCES-OLA, NUDOCS 8204080332
Download: ML20050C250 (4)

Text

, .

4 ECKERT, SEAM ANS, CH ERIN & M ELLOTT ATTORNLYS AT LAW h FORTY 3ECOND FLOOR 600 GRANT STREET NN A L. SEAM ANS DALE HERSHEY PITTSBURGH, PA.152(9 CAROL F. GRAE5NER C#4L CHERIN RosERT w. OCTY (412) 566-6000 02 b"MK *ELfA.lSC3A'Snv 7'ucTHv' wc SitaAuGH QENNIS J. LEwl3 rRED w. GEORGE GECRGE E. YORITIS CLOYO N. MELLOTT J. GARY MOSINS A)

Ei G7 EGG mERR JOHN R. mENRICn TELEX- 866172 WILLI AM H. SCHORUNG FREDf RfCR 5. M AUGER RODE %ICK G. NORR8S ROBERT 5. wtLLIAMS JAMES H. ROBERTS CLIFFORO A. PASTEL JOHN H. MORGAN weLLIS A. SIEGFRIED, JR. .ELECOPIER-(412) 566-6099 n.covLE JEoRGE ELLEN MERCER SCHINDLER CACL F. CARGER CAv10 E.TUNGATE i JOHN T. SCHMIDT CARLA H. GREENFIELO

' ' RICHARD 3. HALPERN WILLIAM E. K ELLEH E R, J R.

EDWAIO J. GREENE RICHARD w. OLAOSTONE,!!

M NEY RAY .STON N Z NOA J M LE G COUNSEL ANDREW M. ROMAN RICHARD S. wtECMAN WILLI AM C. M ALLIN J. W. MONTGQWERY, .Il GL TON Z. CQwAN WILLI AM R. NUERNf ERG WILLIAM H. ECKERT posERT L.SYER Loul$ L. GALVIS EDw.N L. ALETT PETER C. 5AGGERM AN MILTON W. LAMPROPLOS JOHN PAUL LEwi$, JR. MARR C. CQULSON M ARn A. wlLLARD JANICE C. SOwCRS NEvaN SRODE THOMAS D. WRIGHT LEON E. HlCKMAN J AM ES M. GOCRLEY C. AFMUR WILSON, J R. JOHN W. USINGER,JR. DENNIS J. O'BRIEN C. KENT M AY 0. RICHARO FUN A JONATHAN K. NERGERT RICHARO F. RINALDO MARGARET P. JOY RICHARD R. CANDREA EDw".ID G. O'CONNQ4 HOWARD 0. SCHWARTZ WILLIAM WATSON SMITH " * "

WM. LLVAM' TEWART, III TEVEN .M GRAT'M IO7I* ISO 4 O N S. w"ELTM AN DERICK J CASPAR STUART A.wlLLIAMS RA A. M ER Dr.LE E.wlLLIAMS BRYAN D. ROSENBERGER March 30, 1982 Peter B. Bloch, Esq., Chairman Administrative Judge Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. Jerry R. Kline G Administrative Judge Q Atomic Safety and Licensing Board Panel E g

U. S. Nuclear Regulatory Commission Washington, D. C. 20555 2 NE00M%

~

ppp '., 2 Dr. Hugh C. Paxton g7 /SSA Administrative Judge -

cmk[$hc%',.

t

/

1229 - 41st Street rP44 Los Alamos, New Mexico 87544 4

/ &

A W

Dear Administrative Judges:

Re: Wisconsin Electric Power Company Point Beach Nuclear Plant, Units 1 and 2 Docket Nos. 50-266-OLA, 50-301-OLA l

Westinghouse has reviewed the testimony filed in this proceeding concerning the proprietary nature of the Point Beach Steam Generator Sleeving Report, WCAP 9960, the testimony filed by Westinghouse, the Regulatory Staff, and Decade with respect to the " balancing" test set forth in 10 C.F.R. S 2.790 (b) (5) as it applies to such report, and the responses of Westinghouse and the Regulatory Staff to certain questions asked by the Board at Transcript pages 1100-20.

9204090332 920330 6i 0 PDR ADOCK 05000266 G PDR

(

l l

Peter B. Bloch, Esq.

Dr. Jerry R. Kline Dr. Hugh C. Paxton March 30, 1982 In particular, with respect to Decade, Westinghouse has reviewed the following documents filed by Decade which Westinghouse understands constitute the prefiled testimony of Decade:

1. Affidavit of Peter Anderson Concerning the Con-fidentiality Issue, dated February 23, 1982, together with attachments A through E thereto. This affidavit, without attachments, was forwarded to the Bor :d by Mr. Anderson by his cover letter dated February 23, 1982. The attachments were forwarded to the Board with Mr. Anderson's letter dated March li, 1982.

2. Supplemental Affidavit of Peter Anderson Con-cerning the Confidentiality Issue, dated March 11, 1982.

This supplemental affidavit was forwarded to the Board by Mr. Anderson's letter dated March 11, 1982.

Based upon this review Westinghouse has concluded that cross-examination by Westinghouse is not required at this time.

We continue to object to the failure to advise us of the nature of the challenge being made in the present proceeding to the adequacy of submissions to Westinghouse with respect to the proprietary nature of the information contained in the sleeving report. We also continue to ob-ject to the failure to provide us with any reasonable indi-cation of the basis on which it is claimed that the right to the public to be fully apprised as to the basis for and ef-fects of the proposed action outweighs the demonstrated concern for protection of a competitive position. We further continue to object to the failure to identify what specific material is "at risk" with respect to the claim for public disclosure. Our decision that no cross-examination is re-quired at this time does not constitute any waiver of these objections or other positions which we have taken heretofore in this proceeding.

We were advised late this morning of the existence of a Memorandum and Order (Concerning Confidential Informa-tion) dated March 25, 1982, in which the Board has asked two additional questions relating to the proprietary infor-mation._ We have not yet been served with that Order, but

Peter B. Bloch, Esq.

Dr. Jerry R. Kline Dr. Hugh C. Paxton March 30, 1982 4 we immediately arranged for it to be telecopied to us.

Since the new questions from the Board in part involve technical information, we are referring.them today to appropriate Westinghouse personnel for consideration.

We hope to be able to file responses to the questions at the same time as we file our forthcoming brief, and we understand that such responses will be part of the record in this proceeding. Although we do not now anticipate this to be the case, if the new Board ques-tions appear to require a hearing, we will so advise the Board immediately upon our ascertaining such re-quirement.

We again want to call the Board's attention to our suggestion that it might be beneficial to the Board and the parties if the Board took a view or tour of the Westinghouse facility in Pittsburgh, Pennsylvania, where the tests relating to the sleeving process for steam gen-erator tubes were conducted. (See Transcript, pp. 1106-07.) We believe that such a viewing would help place the nature of the test program and the test results in a bet-ter prospective for the Board and the parties.

Very truly yours,

, a/ -

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

)

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 Wnchington, 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 Washington, 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.

Wachington, 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 Wachington, D.C. 20555 Charles A. Barth, Esq.

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

Wicconsin's Environmental Decade Suite 208, 114 North Carroll Street M dison, Wisconsin 53703 Richard G. Bachmann, Esq.

Office'of the Executive Legal Director U.S. Nuclear Regulatory Commission WOchington, D.C. 20555