ML20053B893
| ML20053B893 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/26/1982 |
| From: | Kelly R STONE & WEBSTER ENGINEERING CORP. |
| To: | |
| Shared Package | |
| ML20053B887 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8206010322 | |
| Download: ML20053B893 (7) | |
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UNITED STATES OF AMERICA NUCLEAR RECUIATORY COMNISSION Before the Atomic Safety and Licensing Board l
In the Hatter of
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IDMG IS1AND LICHTING COMPANY
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(Shoreham Buelaar Power Station,
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Docket No. 50-322 (OL)
Unit 1)
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AFFIDAVIT OF RICHARD 5. KELLY AFFIANT, Richard B. Kelly, being duly sworn, deposes and says:
I am Vice President and Man' ger of the Quality Assurance 1.
a Department of Stone & Webster Engineering Corporation (SWEC) and I have authority to review and protect the confidential consearcial inforsmarian in SWBC's QA program.
2.
I am asking this Affidavit in conformance with the provisicus of 10 CFR Section 2.740 (c)(6) and in conjunction with the Long Island Lighting Company motion for a protective order.
3.
I have personal knowledge of the criteria utilized by SWEC in designating information as confidential consercial information.
4.
The following is furnished for consideration by the A11.E in determining whether a protective order should be issued pursuant to 10 CFR 5ection 2.740(c)(6):
(a) The information for which a protective order is being sought is owned and has been held in confidence by SWEC.
820 6 010 3a9
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(b) The information is of a type customarily held in confidansa by SWEC and not customarily disclosed to the public.
SW.C has a rational basis for deter =inin* the types of information ubich is customarily held in confidence.
(c) The proprietary information for which a protective order is sought is described in Exhibit A.
This information enables SWEC to senage and direct ice Quality Assurance activities in engineering, design, procurement and construction" site functions as follows:
(i) Verification and objective evidence that quality requirements have been complied with in the above functions.
(ii) Correction and prevention of conditions adverse to quality.
(iii)Hobitor and assure the work of others, i.e., vendors anc contractors.
(iv) Assist its customers in implementing its Quality Assurance Program in accordance with regulatory requirements.
(d) This information has substantial commercial value as foliov5:
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(i) The information represents the accumulated results of numerous years of actual application and the continuous refinement of comprehensive management systems.
(ii) The information is a compilation of all essential elements needed to satisfy reautatory requirernents throughout the various phases of a project.
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(iii)The information embodies a system of integrating co:nplex multidiscipline work activities to a,chieve a high 1cvel of performance and a quality product.
(iv) SWEC uses this information to sell its Quality Assurance services to its customers for purposes of meeting Muc requirements.
(v) SWRC uses the information to monitor and verify tha quality activities of engineering, design, procuremant and construction services whieb are sold to customero, 5.
Public disclosure of this information is likely to cause substantial harm to the competitive position of SWEC because it would enable others to use the information to meet NRC requirements and/or to gain an unfair competitive advantage without purchssing.the right to uma j
the information. The development of this information is the result of many years of SWEC effort and the expenditure of a co'naiderable sum of l
money. As early as 1967, SWBC began to formalize a quality program which is now reflectad, in part, in the attached Exhibit. Over the years the efforts with respect to the development of this prograin has involved the participation of hundreds of SWEC personnel and the expenditure of sums in excess of one million dollars.
In 1969 the I
Quality Assurance Department was.formad and the first Quality Assuranca l
Program Manual was prepared. In the following year, the Engineering l
Assursace Department was formed, and in June of 1970 Appendix B to 10 l
CFR 50 was issued. SWEC received its letter of authorisation under ASME,Section III (N stanp) in 1973, and in 1974 Sl/EC was the first i
engineering construction firm to have its standard quality assurance 1
i program approved by the predecessor to the Nuclear Regulatory
y.
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c m ission. In order for competitors of EWEC to duplicate this information, a significant expenditure of effort equivalent in time and cost to the SWBC offort would be required.
6.
To the best of my knowledge and belief, this information is not available from any public source and hee not been made available to third parties, except in confidence.
feed Ab.ISS2 n:
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Detet y
RicEard B. Kelly 7
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. Vice Presidun; 2nd Manager.
Quality essurance Esp 3rtment m
Stone & ifebater Engincaring
' Corporation Commonwealth of Massachusetts
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County of Suffolk
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Subscribed and sworn to before me on the je2h I day of )7arz i>
1982.
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N6tary P6blic r
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Exhibit A STONE & VEBSTER PROPRIETARY INFORMATION 1.
SWIC Quality Assurance.9tandards - QA 14.2. 15.1 and 16.2.
2.
SWEC Quality Assurance Directives - QAD 14.1 and 15.2.
SWEC Engineering Assurance Manual - EAP 2.10, 3.1. 3.6. 3.11, 3.
6.3.15.1 and 16.3, latest revision applicable to the Shoreham Proj ect.
4.
SWEC ASME III QA Manual - Section 15.
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4 UNITED STATES OF A} ERICA NUCLEAR REGULATORY: COMMISSION 7
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD r.
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In the Matter;of
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LONG ISLAND LIGHTING COMPANY
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s (Shoreham Nuclear Power Station, ' )-
Unit 1)
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CERTIFICATE OF' SERVICE I hereby certify'that copies of.the foregoing request have been'aerved to the following on May 27, 1982, by U. S. mail, first class,Lexcept as.ccherwise indicated.
Lawrence Erenner, Esq.
Howard L. Blau, Esq.
Administrative Judge 217 Newbridge Road Atomic Safety and Licensing Board Hicksville, New York 11801 U. S. Nuclear Regulatory Commission Washington, D. C.
-20555 W. Taylor Reveley, III, Esq.
Hunton & Williams Dr. James L. Carpenter 707 East Main Street Admir.istrative Judge P. O. Box 1535 Atomic Safety and Licensing Board Richmond, Virginia 23212 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Mattnew J. Kelly, Esq.
Staff. Counsel Dr. Peter A".
Morris New York State Public Administrative Judge.
Service Commission Atomic Safety and Licensing Board 3 Rockefeller Plaza' U. S. Nuclear Legult. tory Commission Albany, New York 12223 l
Washington, D..C.
20555 Stephen B. Lathan, Esq.
Edward M. Barrett,'Esq.
Twomey, Latham & Shea General Counsel 33 West Second s'treet Long-Island Lighting Company P. O. Box ^398,' e 250 Old Court Road Riverhead, New York 11901 l
Mineola, New York 11501 j
Marc,W. Goldsmith Mr'.' Briars McCdffrey_
Energy Research Group, Inc.
Long Island Lighting Company 400-I Totten Pond Road 175 East Old Country Road Waltham,' Massachusetts 02154 Hicksville. New York 11801 n
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' Ralph Shapiro, Esq.
Mr. Jeff Smith Cammer and Shapiro Shoreham Nuclear Power Station 9 East 40th Street P. O. Box 618 A
New York, New York 10016 Wading River, New York 11792 e
David H. Gilmartin, Esq.
MHB Technical Associates Suffolk County Attorney 1723 Hamilton Avenue, Suite K t
County Executive / Legislative San Jose, California 95125 Building Veterans Memorial Highway Bernard M. Bordenick, Esq.
Hauppauge, New York 11788 David A. Repka, Esq.
U. S. Nuclear Regulatory Commission Hon. Peter Cohalan Washington, D. C.
20555 Suffolk County Executive County Executive / Legislative Bldg.
Docketing and Service Section Veterans Memorial Highway Office of the Secretary Hauppauge, New York 11788 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Jay Dunkleberger, Esq.
New York State Energy Office Atomic Safety and Licensing Agency Building 2 Board Panel Empire State Plaza U. S. Nuclear Regulatory Commission Albany, New York 12223 Washington, D. C.
20555 Ezra I. Bialik, Esq.
Atomic Safety and Licensing Assistant Attorney General Appeal Board Environmental Protection Bureau U. S. Nuclear Regulatory Commission New York State Department of Law Washington, D. C.
20555 2 World Trade Center New York, New York 10047 Lawrence Coe Lanpher, Esq.
Kirkpatrick, Lockhart, Hill, Christoper & Phillips 1900 M Street, N.W.,
8th Floor Washington, D. C.
20036 George 4Z. Edgar, s
Morgan, Lewis lus 1800 M Street,
.W.,
Suite 700 North Entrance Washington, D.
C.
20036 DATED:
May 27, 1982
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