ML20073T252

Responds to 830504 Request to Review Proposed Protective Agreement Between Citizens Assoc for Sound Energy & ITT- Grinnel Re Design Criteria for Pipe Supports.Wording Too Restrictive.Revised Proposal Encl for Review

ML20073T252
Person / Time
Site:	Comanche Peak
Issue date:	05/04/1983
From:	Ellis J Citizens Association for Sound Energy
To:	Horin W DEBEVOISE & LIBERMAN
References
NUDOCS 8305110137
Download: ML20073T252 (4)

Text

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e C A S E ==[r (CmZENS ASSN. FOR SOUND ENERGY) 21k/946-9hhV A.

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EXPRESS MAIL tiay 4 1983 ,j 4r %sp -

I'9.' #O 9 Mr. William Horin USj '

Debevoise & Liberman 9#/ % d 1200 - 17th St. , N. W. fg Washington, D. C. 20036 \g\ Nh<oq x

Dear Bill:

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SUBJECT:

In the Matter of Application of Texas Utilities Generating Company, et al. for An Operating License For Comanche Peak Steam Electric Station Units #1 and #2 (CPSES)

ITT Grinnel and NPSI Design Criteria As we discussed today, we have reviewed the proposed protective agreement between CASE and ITT-Grinnel which you dictated to me ove,r the telephone, and as we discussed, there are some problems which we have with the wording.

It appears to us to be a little too restrictive as to what we can and cannot 3 do with the information obtained.

As you suggested, we have drafted a revised proposal and it is enclosed.

I will call you in the morn'ing so that we can discuss this prior to the

> time when you will receive it, but I wanted to get it off to you as socn as possible to expedite matters as quickly as possible.

With regard to the NPSI Design Criteria, as you mentioned today in our telephone conversation, it'is our understanding that the drafting of a protective agree-ment is also in the works and that you will be back in touch with us right away on this also.

As I advised you,today, Judge Bloch wants a conference call regarding this if it has not been resolved by 4:00 P.M. tomorrow afternoon (your time). ,

We wiil be talking further to you about this tomorrow, but we would like to also get some idea of the status of the interrogatories we mailed on 4/28/83.

We still p!an to supplement these, as we stated in our 4/28/83 pleading; however, we have been pretty busy with the preparation of Answers to Briefs -

and Prefiled Surrebuttal Testimony, as I'm sure you have been too.

Sincerely, g 5Nb g o$ 0 CASE (Citizens Association for 06und Energy)

G Nurs ~L [b'6

' 4rs .) Juani ta Ellis , President cc: Service List (Express Mail to Board and Parties) 2

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UNITED STATES OF AMERICA . E '-F NUCLEAR REGULATORY COMMISSION f*O BEFORE THE ATOMIC SAFETY AND LICENSING BOARD (.[

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In.the Matter of l

APPLICATION OF TEXAS UTILITIES I Docket Nos. 50-445 .

GENERATING COMPANY, ET AL. FOR I and 50-446 ,

AN OPERATING LICENSE FOR I .

COMANCHE PEAK STEAM ELECTRIC I I

STATI0ft UNITS #1 AND 42 ~!

(CPSES) ,,,

4-PROTECTIVE AGREEMENT .

In response to the request of Citizens Association for Sound Energy j:,'.;)

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. (CASE) for " copies of a portion of the ITT-Grinnel Design Criteria for pipe ls 7

supports in the Comanche Peak Steam Electric Station, CASE and ITT-Grinnel- .

, , ,.g i have reached agre'ement with respect to ITT-Grinnel's making said portion -I['.

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1' and the information contained therein available to CASE and with respect .

to the use to which CASE will put said portion and information. That agreement i'j..

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S 0-is contained in the follcwing provisions: ,

(1) On execution of .this agreement by CASE, ITT-Grinnel will furnish . ,

to CASE through attorneys for Texas Utilities Generating Company a copy of each of pages .21-75 (both inclusive) of ITT-Grinnel Engineering Standards Volume II, which ITT-Grinnel represents to be fully responsive to CASE's requests for: the matrix or other form of listing the allowable stress used in the design of pipe supports; and the member properties required ,

to be. used by ITT-Grinnel . .

(2) CASE undertakes that it will use these pages and the information .

thereon solely In the Matter of APPLICATION OF TEXAS UTILITIES GENERA, TING COMPANY, ET AL. FOR AN OPERATING LICENSE FOR COMANCHE PEAK STEAM ELECTRIC STATION UNITS #1 AND #2 (CPSES), before the Nuclear Regulatory Canmissign's. ,

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4 Atomic Safety and Licensing Board, Docket Nos. 50-445 and 50-446, or in anf subsequent appeals or other activities before the Nuclear Regulatory Commi ssion.

(3) ITT-Grinnel agrees that the use by CASE representatives referred to in (2) includes presentation of the copies thus furnished and the information thereon as evidence.

(4) In thus agreeing to such presentation, ITT-Grinnel is not thereby also agreeing to later voluntarily provide an employee as a witness at any hearing before the Board to explain how the information on the furnished pages was obtained or to testify on any other matter relating to such pages or such information or otherwise.

(5) Without in any way limiting the generality of CASE's undertaking .

in paragraph (2), CASE agrees that it will not disclose the furnished pages ,

or the information thereon to any other (than ITT-Grinnel) pipe hanger  ;

manufacturers or employees or representatives thereof, except to the extent-that CASE may engage in the future services of such a manufacturer's employees or representatives as its own consultants in the matter identified above.

Should CASE retain any such consultant (s), CASE agrees that it will assure thdt such consultant (s) are bound by the protective provisions of this agreement.

'(6) Except for copies of the furnished pages which ITT-Grinnel submits to the Board and to representatives of Texas Utilities Generating Company, CASE will keep all other copies in its possession or control, and after the matter identified above is finally resolved, return to ITT-Grinnel all such copies in its possession and control, except to the extent that the copies become part of the public record through rulings by the Board or e

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through other appropriate actions.

(7) If CASE decides to present the furnished pages or the infomation contained thereon to the Board as evidence in this matter, CASE will explain that ITT-Grinnel regards this infomation as proprietary, and CASE will .

offer with those pages a copy of this agreement.

Agreed to: seM4i [A (jffs.) Juanita Ellis, President CASE (Citizens Association for Sound Energy)

DATE: May 4, 1983 ITT-Grinnel R. B. Mulcahey, P. E. 9 Vice President - Director of Engineering

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