ML20050H057

Responds to P Bloch 820405 Question.Suggestion of Tour of Westinghouse Facilities Intended as Request to Present Demonstrative Evidence as Part of Evidentiary Record on Proprietary Issues.Related Correspondence

ML20050H057
Person / Time
Site:	Point Beach
Issue date:	04/09/1982
From:	Cowan B ECKERT, SEAMANS, CHERIN & MELLOTT, WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Bloch P Atomic Safety and Licensing Board Panel
References
ISSUANCES-OLA, NUDOCS 8204140135
Download: ML20050H057 (3)

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DON ALD C. wlN SON JOHN J. MvERS ECIEAT C. McCARTNEv 0.

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JONATHAN R.HERGERT RICHARD F. RIN ALCO EDWAKO G. O'CONNOR HOWARD D. SCHWARTZ WILLI AM WATSON SMITH M ARGARET p. joy RICHARD R. DANDREA ALFRED w. VADNAss ROBERT L. ALLM AN. H GEORGE M.MEDVED JOHN J. FORD WM. ALv&M STEWART, DI STEVEN W.MSORATH O

• U JORDAN S. WELTMAN D ALE E. wlLLI AMS FREDERICA J. CASPAR SRVAN O. ROSENeERGER TUA A, ILLI AM S R A A. M R g

Peter B. Bloch, Esq., Chairman Administrative Judge Atomic Safety and Licensing Board Panel wij U.S. Nuclear Regulatory Commission e'

Washington, D.C. 20555 <  %

s .: 4r Dr. Jerry R. Kline E 8 Administrative Judge 1 (' , Ych *4 $ -

Atomic Safety and Licensing Board Panel 9l YA$e 7 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 N MNS 8 y

Dr. Hugh C. Paxton kpfs,< i /'

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Administrative Judge 1229 - 41st Street Los Alamos, New Mexico 87544

Dear Administrative Judges:

Re: Wisconsin Electric Power Company Point Beach Nuclear Plant, Units 1 and 2 Docket Nos. 50-266-OLA, 50-301-OLA This letter is in response to the inquiry made by Judge Bloch in his telephone conversation of April 5, 1982, with my partner, John Kenrick. In that telephone conversation, Judge Bloch directed our attention to the last paragraph of my letter to the Licensing Board dated March 30, 1982, wherein I called the Board's attention to the Westinghouse suggestion that it might be beneficial to the Board and the parties if the Board took a view or tour of the Westinghouse facilities in Pittsburgh, Pennsylvania, where the tests and processes D ] i relating to the sleeving for steam generator tubes were con-ducted. I noted the Westinghouse belief that such a viewing /, D would help place the nature of the test program and the test results in a better perspective for the Board and the parties.

Judge Bloch requested that we advise the Board in writing 8204140135 020409 DR ADOCK 05000266 PDR

a Administrative Judges April 9, 1982 Page Two whether the suggestion of a tour was being made as an offer as part of the evidentiary record on the proprietary issues. He also requested further information with respect to the rele-vance of such a tour to the proprietary issues before him and how important such a tour would be to a resolution of the is-sues involved in the proprietary question.

The suggestion by Westinghouse that a facilities tour take place was for the purpose of presenting to the Board infor-mation of an evidentiary nature concerning the sleeving process, the test facility, and the use of test results in process de-sign and operation. Accordingly, we intended the offer to be a request to present demonstrative evidence as part of the evi-dentiary record on the proprietary issues.

We believe that by actually viewing the facilities and observing their operation, the Board can make a more realis-tic evaluation of the value of the test facility and its rela-tionship to the Westinghouse competitive position. Thus, the view will provide substantial evidence of the value of the pro-prietary information, the amount of effort expended by Westing-house in developing the information, and the difficulty involved for Westinghouse competitors to properly acquire or duplicate the information. The view of the facilities should also enable greater understanding of the Westinghouse and NRC Staff's re-sponses to certain of the questions raised by the Board.

We note that a tour of a facility is an accepted NRC practice. Licensing boards frequently tour the sites of nuclear power facilities which arq the subject of permit or license ap-plications. In the Offshdre Power Systems Manufacturing License Proceeding, the Licensing Board on more than one occasion toured the manufacturing facility of the applicant for that license.

Where, as here, the proprietary nature of the results of a test program is under Board consideration, Westinghouse believes that a tour of the test and related facilities would be of substantial importance to the resolution of the proprietary issues.

We note that when Westinghouse suggested a tour of its facilities during the March 4, 1982 conference call, the Applicant supported that suggestion and the NRC Staff stated that it had no objection to such a tour (Tr. 1106-1110).

Very truly yours,

/s/ Barton Z. Cowan Barton Z. Cowan Counsel for Westinghouse Electric Corporation, i Appearing Specially cc: _ Service List

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

Peter 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 i Washington, 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.

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 Washington, D.C. 20555 Kathleen M. Falk, Esq.

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

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

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