ML20056A373

Motion to Suppl Answer of Vermont Yankee Nuclear Power Corp to State of VT Motion to Compel (Document Requests,Set 1).* Util Moves That ASLB Grant Leave to Suppl Motion to Compel by Adding Encl as Howard Ltr.W/Certificate of Svc

ML20056A373
Person / Time
Site:	Vermont Yankee
Issue date:	07/24/1990
From:	Trout J ROPES & GRAY, VERMONT YANKEE NUCLEAR POWER CORP.
To:	Atomic Safety and Licensing Board Panel
References
CON-#390-10667 OLA-4, NUDOCS 9008070147
Download: ML20056A373 (4)

Text

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! USNHC l Filed: July 24,1990 i 1

90 JLL 27 All:51 L UNITED STATES OF AMERICA i -

_ 3 NUCLEAR REGULATORY COMMISSION M3%g,%yjpg{ 5 ilRANCH i g,

ATOMIC, SAFETY AND LICENSING BOARD'

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In the Matter of ) =l

) Docket No. 50-271-OLA-_4  :

VERMONT YANKEE NUCLEAR ) (Construction Period j '

POWER CORPORATION ) Recapture)

')

(Vermont Yankee Nuclear )

Power Station) ) '!

)

MOTION TO SUPPLEMENT ANSWER OF VERMONT YANKEE NUCLEAR POWER CORPORATION TO STATE OF VERMONT'S MOTION TO COMPEL '

(DOCUMENT REQUESTS, SET NO.- 1)

Licensee Vermont Yankee. Nuclear Power Corporation (" Vermont Yankee") hereby moves that the Board grant it leave to supplement the

" Answer of Vermont Yankee Nuclear Power Corporation to State of

• Vermont's Motion to Compel (Document Requests, Set No.1)"(hereinafter

" Answer"), b / adding thereto the Letter of Angelina S. Howard to Frank Helin, July 19,1990 that is appended hereto as Attachment A. In support of its motion, Vermont Yankee states as follows:

1. As noted in the Answer, three of the State of . Vermont's ("SOV")  !

document requests -- Nos. 32,52, and 88 in Set 1 -- demanded access to the NPRDS database maintained _ by INPO. In the Answer, Vermont Yankee pointed out that "(t]he database is the property of INPO, and access to it, and its products, is strictly controlled by INPO." In her letter of July 19, 1990, Ms. Howard, INPO's Vice President for Industry Relations and Information Services, reaffirms this point. .t i

2. Licensee respectfully submits that the Board would be aided in its resolution of SOV's demands for access to this database by making reference to INPO's official position on the question of access, as -t articulated in Ms. Howard's letter. Especially in light of SOV's assertion that INPO's restrictions on public distribution of its documents is merely 900007oj47 900724 l PDR ADOCK 0500o271 l 0 PDR l

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precatory.I it is appropriate to consider INPO's statement that "INPO and its member utilities reporting plant data to NPRDS consider this data to

- be confidential commercial information" and *INPO and its member, par-ticipant and agreement organizations are instructed to not release such information publicly," (Emphasis added.)

3. J.icensee has brought this motion immediately upon receipt of this written confirmation of INPO's position.

By its attorneys,  !

E Nord R. K Gad III Jeffrey P. Trout -

Ropes & Gray One International Place Boston, Massachusetts 02110 Telephone: 617-951-7520- ,

Dated: July 24,1990. ,

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Sg.c SOV's " Motion to Compel Answers to Document Production Requests (Vermont Set No. 2)" at 15-16 (July 5,1990).

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U5NhC  !

Certificate of Service w ,u. 27 All :52 I, Jeffrey P. Trout, hereby certify that on July 24,1990, I made service of the within motion, by mailing copits thereof, firtt class mail.cppssagei SEC6t 1Aftv prepaid, as follows: 00ChrilNG A SiidVICl i BRANCH Robert M. Lazo, Esquire Jerry R. Kilne .

Chairman Administrative Judge Atomic Safety arid Licensing Board Atomic Safety and Licensing Board i U.S.N.R.C. U.S.N.R.C.

Washington, D.C. 20$$$ Washington, D.C. 20$55 l Frederick J. Shon Adjudicatory File Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel U.S.N.R.C. U.S.N.R.C.

Washington, D.C. 20555 Washington, D.C. 20555 3 1

Anthony Z. Roisman, Esquire Ann P. Hodadon, Esquire Cohen, Milstein & Hausfeld Patricia A. Jehle Esquire Suite 600 U.S.N.R.C.

1401 New York Avenue, N.W. Washington, D.C. .'0555 Washingtos., D.C. 20005 >

Kurt Janson, Esquire -- -

Vermont Department of Public Service 120 State Street Montpelier, Vermont 05602 '

V

' JeffrEy P. Trout l

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\

.' ATTACHMENT A 1

Institute of .

g Nuclear Power  ;

Operations  ;

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Suite 1500 '

1100 Circle 75 Parkway l Atlanta, Georgia 30339 3064 5 4 Tewne 404 953 3600 ,

July 19,1990 l

Mr. Frank Helen  !

Vermont Yankee Nuclear Power Corporation Rd 5. Box 100 '

Ferry Road

l. Brattleboro.VT 05301  !

Dear Mr. Helin:

in response to your inquiry, the Nuclear Plant Rollabulty Data System (NPRDS) is a comprehensive industrywide data base housed on INPO's corr puter and managed by INPO on behalf of all U. S. nuclear ,

utulties. The data base 6s copyrighted. INPO and its member utukles reporting plan data to NPRDS

• consider this data to be confidential comraorcial information. INPO and ks member, participant, and agreement organizations are instructed to not release such intomistion publicly,

, ...._,1... ..

As a further point, in INPO's contract wth the NRC that allows NRC secess to the data base the following paragraph addresses NPROS proprietary information:

INPO understands that the NRC and NRC contractors wel treat ' unit specWic' (i.e., NPRDS data that identify a specWie nuclear plant or utuRy) Information on the NPRDS system as confidential commercial information. Unit specific information would be pWioly disclosed  ;

only if (1) the data which forms a basis for the regulatory decision appears in an NRC document addressing a safety concem, and (2) an NRC Office Director determines l pursuant to 10 CFR 2.790(b) (5) that the public's right to know that basis warrants the release of the data. Unless a compelling imenediate safety concem dictates otherwise, INPO will be gNon reasonable advance nodfication of the NRC decision to make the specific data public on a gNen date so that INPO will havu the opportunity to exercise its legal opdons regarding such disclosure. The letter from W. J. Dircks (NRC) to Z. T. Pate (INPO) dated November 18,1985 provides additional background information and .

guidance.

Please contact me N you have any further questions.

't Sincerely.

h(6 *N S. Howard Vice President Industry Relations and l Information Services ASH:cna

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