ML20062M266

Reply Opposing Westinghouse 811124 Brief to Bar Access to Allegedly Proprietary Data.Westinghouse Affidavit,Supporting Trade Secret Protection for Controversial Documents,Violates Due Process Clause.W/Certificate of Svc

ML20062M266
Person / Time
Site:	Point Beach
Issue date:	12/07/1981
From:	Falk K WISCONSIN'S ENVIRONMENTAL DECADE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8112170128
Download: ML20062M266 (4)

Text

,

writn

W " .- m WED-12/07/81-P: Sp28dgNd 7

'81 DEC 10 P4:31  %,

b UNITED STATES OF AMERICA I

+m UEcj

, ((ei NUCLEAR REGULATORY COMMISSION b,,

W . ,,

/Sg

• p w

Refore the Atomic Safety and Licensing B d o,,rc /

~:,' . y Wisconsin Electric Power Company POINT BEACH NUCLEAR PLANT UNITS 1 & 2 Docket Nos. 50-266 and 50-301 Operating License Amendment (Steam Generator Tube Sleeving Program)

DECADE' S REPLY IN OPPOSITION TO WESTINGHOUSE' S BRIEF TO BAR IT ACCESS TO ALLEGEDLY PROPRIETARY DATA One of the issues in this proceeding is the question of whether trade secret protection should be accorded certain documents relating to " sleeving" steam generator tubes. Such a proprietary order would limit access to these documents to the Board, Staff and the parties to the proceeding.

In support of trade secret prot.ection for the sleeving information, Westinghouse has submitted an affidavit to the Board and Staf f, but has refused to provide a copy to a party to this proceeding who has agreed to abide by the Board's temporary trade I secret order pending a final determination.

l

• - Westinghouse makes the additional claim that this affidavit, l

which it is asking the Board to rely upon in its determination, i

can be withheld from opposing parties. In support of this unique proposition, it has submitted a brief, dated November 24, 1981.

I This filing is submitted in opposition to that position.

The-position of the Decade is that Westinghouse's claim is 8112170128 8112d7 DR ADOCK 05000 9gp$

+

i patently. f rivilous, and that its counsel's smear tactics are a3 l unsavory as they are false.V

~

I This situation is controlled by the Due Process Clause, as well as Commission practice rules which specifically provide that the mere assertion'of proprietary information may not act to limit access by the . parties under- a protective agreement:

" Withholding f rom p'ublic inspection shall not af f ect the right, if any, of persons properly and dir'ectly concerne'd~ to inspect the document. The Commission may require information cliamed to-be a trade secret or privileged or confidential commercial or financi'al inf ormation to be subject to inspection: (i) Under a-protective agreement, by contractor personnel or government officials other than NRC officials; and (ii) by the

. presiding officar in a proceeding; and (iii) under protective order, by paries to a proceeding, pending a decision of the Commission on the matter of whether the information should be made publicly available or when a decision has been made that the information should be withheld 'f rom public disclosure. * * *" 10 C.F.R. 2.70 (b) (6) . .

Clearly, the rules contemplate that parties be given access to alleged proprietary information--under trade sectret protection--pending a final determination on whether a protective order should be issued.

l M Mr. Davis impugns the Decade in a footnote to his brief in which he implies, in an apparent effort to poison the mind of the decision-maker, that the the intervenor has violated prior trade secret orders, without being so good as to support his serious allegation. If Mr.

Davis has information to support his innuendo, he ought to at least have had the courage to come forward with it so it can be answered.

e

-ew, - -

e l l

.o In.this. case, both the Licensee and Westinghouse are attempting to keep from the public test results bearing o n' whether Point Beach Nuclear Plant can be operated without undue hazard to the citizenry in the area. Westinghouse, in turn, is seeking to assert additional facts to the Board in support of its trade secret claim without informing opposing parties as to the nature of those facts.

If this were permitted, the intervening public would not be able to set f orth the reasons why the test results should be released because it would be uninformed as to the grounds the vendor is relying upon to keep them secret. The Decade believes l

' that, absent an educated and involved citizenry, the Commission will continue- its demonstrated past history of regulatory derelection and a major nuclear accident may ensue. Without disclosure, the Decade will be deprived of its ability to provide members of the public with that information which is directly.

related to their well-being.

Its interests are at stake and the intervenor demands the right to knowledgably assert them.

f DATED at Madison, Wisconsin, this 7 th day of December, 1981.

l t

WISCONSIN' S EINIRONMENTAL DECADE, INC.

l .

by t g KATHLEEN M. FALK l

Director of Legal Affairs'

l. 114 North Carroll Street

! Suite 208 Madison, Wisconsin 53703 l (608) 251-7020

+, l

~;jE4~  :

UNITED STATES OF AMERICA g NUCLEAR-REGULATORY COMMISSION

- ~81 DEC 10 P4:31 Wisconsin Electric Power. Company . g yg , g POINT BEACH NUCLEAR PLANT UNITS 1 & 2 _ . ;5 & SEm';cE BAf;CH Docket Nos. 50-266 and 50-301 CERTIFICATE OF SERVICE I certify that true and correct copies of the foregoing document will be served this day by depositing copies of the same in the first class mails, postage pre-paid and correctly addressed, to the following:

Peter B. Bloch, Chairman Atomic Safety & Licensing Board U. S. Nuclear Regulacory Commission Washington, D. C. 20555 Dr. Hugh C. Paxton 1229 -41st Street Los Alamos, New Mexico 87544 Dr. Jer ry R. Kline Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission

• Washington, D. C. 20555 Docketing & Service U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Richard Bachmann Oft' ace of Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Bruce W. Churchill.

Shaw Pittman Potts and Towbridge 1800 M Street N.W.

O shington, D. C. 200.36 Mr. Francis X. Davis Westinghouse Electric Corporation P.O. Box 355 -

Pittsburgh, PA 15230 \k M_

s ~

M A Kw s Dated:\ I

~'

l l

_ - - _ _ _ . _ . _ _ _ _ _ _ _ _ _- --