ML20052G877

Summarizes 820507 Conference Call Re Dispute W/Wi Environ Decade on Release of Workers Involved in Fall,1981 Demonstration Sleeving Program.Notice of Appearance & Certificate of Svc Encl

ML20052G877
Person / Time
Site:	Point Beach
Issue date:	05/14/1982
From:	Oneill J SHAW, PITTMAN, POTTS & TROWBRIDGE, WISCONSIN ELECTRIC POWER CO.
To:	Bloch P Atomic Safety and Licensing Board Panel
References
ISSUANCES-OLA, NUDOCS 8205190110
Download: ML20052G877 (6)

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SHAW. PITTMAN, PoTTs.& TROWBRIDGE A PAmTNERSwee OF PROFESSsONAL Com* ORATIONS 4800 M STR E ET. N. W. ' 7 WASHINGTON. O. C. 20036 mAM Say D POTTS. P C. TMOMAS A. SAzTEn. PC. JOMN M. O'NEILL JR- DAVID LAWWENCE MILLER

(" Y U Amt L. PsTTM AN. P C JAMES M. SumGEn. P C. J Av A EPSTiEN ANNE M MRAUSKOPF GEOmGE F TRO*SmiDGE. P C SMELDON J. wEiSEL P C. 1202(322i000 MAND L ALLEN FmEDEntCn L. MLEtN

( YE PMEN O POTTS. P C- JCMN A. McCULLOUOM. P C. - TIMOTMY S McGalD E GORDON R. KANOFSKY NmALD CM AmNCFF. P C J PATRICM MsCm EY. P C. ELISABETH M. PENDLETON JEFFREY S G4ANCOLA PMikup D SOSTWicn. P C. GEOmOE P. Meg,MAELY. JR-. P C. TELECOPi[R PAUL A MAPLAN MANNAM E. M Li[S E RM AN HammV M. GLASSprCGEL SANDRA E. FOLSOM O U*aOYMY MANLON. P C J TMOM AS LENM ART. F C- 0 026 822-4099 & S22Is99 GEOmGE M mOGEmS. sm . P C. STEVEN L MELT 2ER. P C. TMOMAS M. McComMeCM MamCsA R. NiRENSTEIN FRE3 A. LITTLE P C DEAN O AULeCM. P C. - WiLUAM P. SAmm JUDITH A. SANDLER JOMN 3 mMIN E L AN DE R P C. JOHN ENGEL. P C. SUSAN M. FmEUND EDWARD D. YOUNG. su SmWCC W. CMUmCMiLL P C. CMamLES S TEMaiN. P C. TELEX JOMN L CARA. JR. ROBERT L. WILLMORE LE LIE A NICMOLSON. JR . P C. STE PHEN 3. MUTTLEn. P C. PMILIP J. ManVEY WENDELIN A. WMITE M A..TtN D. MRAL L P C. WsNTMnOP N BROWN. P C. 89-2693 IS"A*LA* *S"' ROBERT M. GOmDON STANLEY M. SAmo asCM ARD J RENDALL P C. JAMESS MAMLIN. P C. caggg -gwawgawn BAABARA J MORGEN KaiSTs L lim 30 JM L SILDE RG. P C RANDAL S. RELL P C. SONNiE S. GOTTLIEB LEstat ik. SNiTM SAaBAmA M NOSSQTTI. P C mOSERTE.2AMLER -- MOWAmD M. SMAFF ERM AN VimGtNtA S AUTLEDGE RICMANO E. GAL EN DESORAM S SAUSER KATMEmeNE P CMEER f E OmGE V ALLE N. JR.. P C. JANICE LEMmEn-STEIN FmE) DRASN Em P C. mOSEnf S. ROS$tNS WaiTEm'S DimECT DIAL NUMBER SCOTT A. ANENBERG STEVEN M LUCAS CAMPSELL msLLEFEm TRAvis T. SmOWN. JR o"^*' A ~ GAsk E. CURRn O KJ.NLY WESSTE MAmM AUGE N B66CR. P C.

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• • EILA M MAmVEY DELISSA A. atDOWAY mtCMARD M. MnONTMAL STEPMEN 3 MEIMANN ELNEST L SL AME. JR . P C MAYiAS F. TRAviESO-OtAZ CAZLETON S JON E S. P C. VICTomeA J PE mns NS N ENNETH J. M AUTM AN May 14,1982 Peter B. Bloch, Esq.

Chairman Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Wisconsin Electric Power Company Point Beach Nuclear Plant, Units 1 and 2 Docket Nos. 50-266-OLA and 50-301-OLA

Dear Judge Bloch:

This letter will serve as minutes of the conference call held in the above referenced proceeding on May 7, 1982.

Licensee sought your good offices in resolving a dispute with Wisconsin's Environmental Decade, Inc. (" Decade") involving the release of the names of workers involved in the fall 1981 demonstration sleeving program at Point beach Nuclear Plant Unit

1. A conference call was arranged with all parties to the pro-ceeding, including Westinghouse Electric Corporation, represented.

Initially, all parties waived the right to have a reporter present during the conference call and waived the right to question the propriety of the Board's action in having a conference call without a reporter. Counsel for Licensee was directed to take minutes of the conference call and to circulate a copy of the minutes to all parties for approval prior to filing them with the Board.

Counsel for Licensee stated the nature of the dispute.

As a result of the Board's Memorandum and Order dated April 22, 8205190110 820514 I PDR ADOCK 05000266 u PDR

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SHAw, PITTMAN. PoTys & TROWBRIDGE A PARTNE R$Mep OF pmOFESS8CNAL Compo# AteONS Letter to Peter B. Bloch, Esq.

May 14, 19 82 Page Two 1982, Licensee was required to provide to Decade "the names, last known address, and job title of all persons who were employed by the Licensee or its contractors or subcontractors to perform the fall 1981 demonstration sleeving program at Point Beach Nuclear Plant Unit 1." Licensee's counsel had requested that a representative of Decade acknowledge in writing that the list of names released to Decade would be used solely in the instant proceeding and would be used only for the purpose of " voluntary and polite and therefore non-intrusive" interviews. Licensee also requested that Decade agree that the names would not be publicly released and to return all copies of the lists of names of workers at the end of the proceeding.

Counsel to Licensee related that by letter of May 3, 1982, which was served on Judge Bloch, but on no other party, Decade had responded that it would agree to maintain the names provided for its use only and would not release the names to any other persons except under the following circumstances:

" (1) The name of any worker who himself or herself agrees to the release may be released; (2) This agreement will not in anyway restrict our ability to publicly utilize any information derived directly from the use of the names provided to us under the interrogatories so long as the names are masked; and (3) Any other release of the names will not be made unless we first provide you and the Board with 20 days notice, the persons to whom we propose to release the names and the reasons for the proposed release, and the Board does not act to bar the proposed release within that time."

Licensee objected to the third proviso which appeared to give Decade the right to release names unless the Board interceded.

Licensee requested that the Board direct Decade to restrict the use of the names of workers produced by Licensee solely for the purpose of the instant proceeding to conduct interviews that would be voluntary and polite and, therefore, nonintrusive. Further, that the Board direct Decade to ensure the names will not be publicly released and to return all copies of the lists of names of workers to Wisconsin Electric at the end of the instant proceeding.

p a SHAw, PirrMAN, PoTTs & TROWBRIDGE A PARTNERSMIP OF PROFESSIONAL COmPORAtiONS Letter to Peter B. Bioch, Esq.

May 14, 1982 Page Three The representative of Decade indicated that while Decade had no intention to release the names of workers to the public at the present, that it desired not to preclude the possibility that some situation might occur whereby such release of names would be lawful and appropriate. Decade also indicated that it believed that should a legitimate need for disclosure arise there should be no presumption against release when the matter is con-sidered by the Board.

Judge Bloch proposed revising the third point in Decade's letter to read as follows:

" (3) Any other release of the names will not be made except upon prior notice to Wisconsin Electric and Westinghouse and upon approval of the Atomic Safety and Licensing Board or another duly constituted adjudicatory body."

, This proposed revision to che agreement to maintain the names confidential was acceptable to both Decade and Licensee.

Licensee agreed to provide the names to Decade upon receipt of a letter from Decade reflecting the agreement reached during the conference call.

These minutes were reviewed by all parties in draft form.

The last sentence of the first paragraph on this page was added at Decade's request.

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Jo n H. O'Neill, Jr. i Co nsel for Wisconsin l ectric P3wer Company cc: Service List

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266

) 50-301 (Point Beach Nuclear Plant, ) (.0 L Amendment) '

Units 1 and 2) )

NOTICE OF APPEARANCE The undersigned, being an attorney at law in good standing admitted to' practice before the Courts of the District of Columbia, the State of Maryland and the United States Supreme Court hereby enters his appearance on behalf of Wisconsin Electric Power Company in proceedings related to the above-captioned matters.

Respe fullysubm[fted,

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,Y' Joh) H. O'Neill, Jr. (

l SHAF , PITTMAN, POTTS & TRO1 BRIDGE 180 M Street, N.W.

Wastington, D.C. 20036(_j (2 2) 822-1000 Dated: May 14, 1982

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266

) 50-301 (Point Beach Nuclear Plant, ) (OL Amendment)

Units 1 and 2) )

CERTIFICATE OF SERVICE This is to certify that copies of a letter to Judge Bloch and the " Notice of Appearance" of John H. O'Neill, Jr." both dated May 14, 1982 are beJ;ng served to all those on the attached Service i List by deposit in the U.S. Mail, first class, postage prepaid, this 14th day of May, 1982.

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l J6hn'H. O ' Neill', ' r/

Dated: May 14, 1982 ,

UNITED STANS OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter.of )

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WISCONSIN ELECTRIC POWER COPPANY ) Docket Nos. 50-266

) 50-301 (Point Beach Nuclear Plant, ) (OL Amendment)

Units 1 and 2) )

SERVICE LIST Peter B. Bloch, Chairman Stuart A. Treby, Esq.

Atomic Safety and Licensing Office of the Executive Board Panel Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Wasington, D.C. 20555 Washington, D.C. 20555 Dr. Hugh C. Paxton Richard G. Bachmann, Esq.

1229 - 41st Street Office of the Executive Los Alamos, New Mexico 87544 Legal Director U . S~ Nuclear Regulatory Commission Dr. Jerry R. Kline Wasington, D.C. 20555 Atomic Safety and Licensing Board Panel Kathleen M. Falk, Esq.

U.S. Nuclear Regulatory Commission Wisconsin's Environmental Decade Washington, D.C. 20555 114 North Carroll Street Suite 208 Atomic Safety and Licensing Madison, Wisconsin 53703 Board Panel U.S. Nuclear Regulatory Commission Francis X. Davis, Esq.

Washington, D.C. 20555 Monroeville Nuclear Center Westinghouse Electric Corporation Atomic Safety and Licensing P. O. Box 355 Appeal Board Panel Pittsburgh, PA 15230 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Barton Z. Cowan, Esq.

. John R. Kenrick, Esq.

Docketing and Service Section Eckert, Seamans, Cherin & Mellott Office of the Secretary Forty-Second Floor U.S. Nuclear Regulatory Commission 600 Grant Street Washington, D.C. 20555 -

Pittsburgh, PA 15219 l

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