ML20070U794

Memorializes 830131 Telcon Resolving Open Procedural Question Re Inadvertent Use of Proprietary Data in Responding to ASLB & Wi Environ Decade Exam

ML20070U794
Person / Time
Site:	Point Beach
Issue date:	02/04/1983
From:	Davis F GENERAL ELECTRIC CO.
To:	Bloch P Atomic Safety and Licensing Board Panel
References
ISSUANCES-OLA, NUDOCS 8302140020
Download: ML20070U794 (3)

Text

- - .; ,.

(ym

. ,/

MMW :u gestinghouse " " ' " "

dsctric Corporation 83 FEB 10 P2:44 1., m g g ,;

Gn e.aj Cer.tr

.t , . c . . , i f. Nmo Per :y:n na 15222 W.; ' ,d i SS. .;;c r A

~

' ANCH -

Please reply to:

P. O. Box 355

, Pittsburgh, PA 15230 (412) 374-4558 February 4, 1983 Peter B. Bloch, Esq., Chairman Atomic Safety and 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 memorializes, at your request, our telephone conversation of January 31, 1983, resolving a heretofore open procedural question in the above-styled proceeding. As we discussed, the Westinghouse witness who testified on the record on November 17, 1982, on behalf of Wisconsin Electric Power Company (the ligensee) inadvertently used some proprietary data in responding to the examination from Decade and the Licensing Board. Tr.1546 ,

49. After the references were made, the licensee requested that the data be removed from the record and that they be protected from. wider disclosure to the public. Tr. 1598-1600. At that time, you indicated "a brief...might have to be filed after the hearing" regarding the matter. Tr. 1600.

Later, the court reporter was able to delete the proprietary data from the official transcript of the proceeding at the

direction of the Board. Therefore, Westinghouse concluded l that the matter was resolved at that point, and that the con-ditional reference to. briefing the issue was apt no" longer.

1 i During our conversation of January 3,1, you concluded that briefing the issue would not be appropriate because the witness' references were to relatively unimportant data, that is, data upon which the Board apparently would not rely in issuing its initial decision. (Nevertheless, the data are important to Westinghouse in a proprietary context, and 8302140020 830204 PDR ADOCK 05000266  %

G PDR hf

Peter B. Bloch, Esq. Page 2 February 4, 1953 Westinghouse continues to seek protection for the data from further public discl6sure.) You stated as well that the matter

~

would not affect the timetable for issuance of the initial decision. ,

I agreed to' memorialize our conversation by sending this letter to all parties. 'The slight delay has been occasioned by my absence from my office for a few days.

Very truly yours,

.Abf 4 Francis X. Davis Attorney FXD:mjl cc: Service List 6

b e

l l

. SERVICE LIST Wi sconsin' El ectric: Power Company.

(Point Beach Nuclear Plant,' Units 1 and 2) '

Peter B. Bloch, Chairman Administrativ.e Judge Atomic Safety & Licensing. Appeal Board Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission U. S. Nuclear Regulatory fommission Washington, D.C. 20555 i

Washington, D.C. 20555 Atomic Safety & Licensing Board Panel 3 Dr. Hugh C..Paxton U.S. Nuclear Regulatory Commission Administrative Judge Washington, D.C. 20555 1229 - 41st Street <

Los Alamos, New Mexico Docketing'and Service Section 87544 Office of the Secretary l Dr. Jerry R.- Kline U.S. Nuclear Regulatory Commission [

Washington, D.C. .g Administrative Judge. 20555 .

e Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Commission Bruce Churchill, Es [

Washington, D.C. 20555 Lisa Ridgway, Esq. q. [

E

. - Gerald Charnoff, Es'q. --

R Kathleen M. Falk, Esq. Shaw, Pittman, Potts & Trowbridge R Wisconsin's Environmental Decade 1800 M Street N.W. T Washington, D.C. '

114 North Carroll Street 2003.6 E Madison, Wiscohsin 53703 Barton Z. Cowan, Esq.

~

John R. Xenrick, Esq. 5 Richard Bachmann, Esq. 2 Stuart A. Treby, Esq. Eckert, Seamans, Cherin & Mellott E Office of the Executive Legal Director 42nd Floor, 6'00 Grant Street Pittsburgh, PA 15219 2 U.S. Nuclear Regulatory Commission gi Washington, D.C. 20555 -

.  ?.".

Francis X. Davis, Esq.

Si I

Westinghouse Electric Corporation, $f Appearing Specially na P. O. Box 355 * "-

, Pittsburgh, PA 15230 '

a= m

$?5 i::.Th t:

a...

di=

c:

...