ML20094L702
| ML20094L702 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 08/14/1984 |
| From: | Farley E HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL, NUDOCS 8408150438 | |
| Download: ML20094L702 (9) | |
Text
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LILCO, August 14, 1984 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
[0 Before the Atomic Safety and Licensina Board
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b7'['Guf cr e Docket No. 50-322-Od N,...jcm,.dd
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LONG ISLAND LIGHTING COMPANY
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(Shoreham Nuclear Power Station,
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Unit 1)
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LILCO'S MOTION FOR LEAVE TO MAKE RESTRICTED SERVICE OF CERTAIN DOCUMENTS, FOR A PROTECTIVE ORDER AND FOR IN CAMERA CROSS-EXAMINATION CONCERNING THE DOCUMENTS The Long Island Lighting Company ("LILCO") moves the-Board for an Order (1) permitting LILCO to serve certain Transamerica Delaval, Inc. ("TDI") drawings upon a restricted group of the parties to this proceeding; (2) directing the parties receiving copies of the TDI drawings to take steps to protect them from public disclosure; and (3) providing for in-camera cross-examination concerning.the information contained in the drawinta.
Issuance of the requested Order would safeguard from public dissemination certain proprietary information as to which LILCO has signed a confidentiality
' agreement.
As part of its direct case concerning the emergency diesel generator components at issue in this proceeding, LILCO plans to introduce a number of TDI drawings which l
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8408150438 840814 PDR ADOCK 05000322 Q
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contain proprietary information.1/
By " Protective Agreement" dated December 21, 1983 (Attachment A), LILCO has undertaken to maintain the confidentiality of this proprietary information.2/
In keeping with that Protective Agreement, LILCO seeks the leave of-this Board to limit the distribution of the TDI drawings and further requests the Board to direct recipients.of the drawings to safeguard them against disclosure.
LILCO proposes to file with the Board each of the TDI drawings for which it seeks confidential treatment.
LILCO would serve those drawings upon Suffolk County, the State of New York and the NRC Staff.
LILCO would also serve copies of the drawings upon the Secretary, with the request that the exhibits be kept unde.- seal and protected from public disclosure.
LILCO proposes not to serve the drawings upon any other party to this proceeding.
The exhibits served on these parties would indicate that the proprietary drawings had been deleted as confidential.
Pending a decision on this Motion, LILCO has prepared its exhibits in this manner.
1/
The TDI drawings LILCO plans to introduce include drawing Nos. 03-315-03-AC.and 02-315-03-AE (block); 03-315-02-0E and l
02-315-02-OG (liner); 03-315-01-OA (stud); 03-360-03-OF (head);
and 03-310-05-AC (crankshaft).
2/
LILCO understands that Suffolk County has entered into a similar Protective Agreement.
2 t LILCO also moves the Board for a Protective Order barring any recipient of the TDI drawings from making those drawings available to anyone other than the parties' representatives or consultants.having a need to review the drawings for the diesel generator litigation.
That Order should further direct the parties to segregate the drawings from other, non-confidential documents, to store them in a secure. location and to destroy them upon conclusion of this litigation.
Finally, LILCO requests the Board to limit discussion of the proprietary information contained in the TDI drawings to an in camera hearing session.
Because these drawings will be introduced solely for the purpose of establishing a foundation for testimony concerning the components they' depict, LILCO believes that discussion and cross-examination concerning the TDI drawings will not consume substantial time.
This special in camera treatment will, therefore, not disrupt the orderly conduct of the hearing.
Accordingly, LILCO moves the Board for an Order permitting it to restrict service of certain proprietary emer'gency diesel generator drawings prepared by TDI, directing recipients of the drawings to maintain their confidentiality and providing that discussion and cross-examination concerning the drawings be conducted in camera, l
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e 4 Respectfully Submitted, LONG ISLAND LIGHTING COMPANY I
E. Milton Farleyg7fII j///
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j Hunton & Williams 2000 Pennsylvania Ave., N.W.
P.O. Box 19230 Washington, D.C.
20036 (202) 955-1500 W. Taylor Reveley,-III Robert M. Rolfe Anthony F. Earley, Jr.
Darla Tarletz Hunton & Williams 707 East Main Street P.O. Box 1535 Richmond, Virginia 23,212 Odes L. Stroupe, Jr.
David Dreifus Hunton & Williams 333 Fayetteville Street P.O.
Box 109 Raleigh, North Carolina 27602 DATED:
August 14, 1984
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Attachment A i
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" Long Island Lighti.sg Co:tpany..
P.0. Rex 534
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North Country -Road
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Wading Riipe, New York 11792
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Attention: Mr. W. J. Nseler Otractor - Office of Huclear
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Subja:tt Shorabar Nuclear Power Station Diesel Gererators 5.0. 74010/12
.j Refere'nca LItCO's Letter nHece.tbar 15. 1953 SNPS-11209 bearBill This letter fir:altzes the agrasmants reacdad in 'the DecembJr 10. 1983 telecon and is a tr.odification of the referenced letter.
'The following cor.tains the enttre agreement concerning rel ' se of ' cur inanufacturing drawings:
1, Transemerica Delaval agress to de the following
- n. After the protective agressent (sent to LILCo narlier) is signed r
by LILCO, we will send LILCO a ccpy of all the drawings needed.~
to satisfy the list sebmitted by He. C. X. Seaman en December 7, 1983.
The protective agreement must be applied to any agent.
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consultant, etc.,that LILCD proddes these drawings to.
b.. We agree to help LILC0 answer certain technical gyeptiens or to give advice on how to complete the desisn review. W.g. flow ratesi, teciperaturesa etcl
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L1l*C0 agrees to da the followingt
- a. Sigo the protective agree. ment (suloitted to LILCO. earlier) and apply the agreemer,t to its. agents, carisvitants. etc.
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il'CastbGiLullt.I Belaval
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1 Long Island Lighting Company.
Decee h e 21. 1983 I
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e Provide us a copy of e11 reports on the design reviav~as they b.
become availab1,e, including periodic verbal reports.if not prodesud in writing.
Further. provide us a copy of all dete1,1.-
~l e.desi.gn calsdations used as they are cup 1stad. '.. il. /...'.,
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Write a ' release to PaAA that perintts thora togive 's advice c.
on our. codal superposition dyneetcs analysis.,,..,.;.;..
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Provida copies of all sagine-(09101,, TC2 and 103) te}t logs.
e.
Request that. Calf States perfore the static strain gage testing.
with nur.anist.nce.
We would like to point out the number of drawings requested will be c:n-siderabla (esti;rste: 3000).
To accorrendate your design review schedule, we have initiatad printing of the drawir.gs for tne cylfnder head asse.rbly, AE piston assare.21y. M rodified to M pisten asse:nbly,, and
- gear trato '
.essenU1y.
We wish to take exception to the state.,ent made in 'the'first several sentences of the referenced letter. We beficve 'wa have basn very coop'erativd from the begic.ning.
On nu sarous occasions we have niada. drawings, analyses and calculations avatlaole to LILCO, FaAA and 53#.
Os ad example. F AA
- A has been here on several occasions to look at our dri wings and discuss'our design for numerous engine parts.
Piease' sign and date this letter and return it with a] signed Protective Agreesent, following which we wilf. begin sending the drawings releasad to alsove.
very truly yours,
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C. 5.
athsws Vice ' President and General Manager l
esH/pn Accepted kys ~~~ ~~---
Attacheents
. 1. Protective Agreemar.t '
LORS I818Ad I1 htin9 Company 9
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PROTECJIVf AGREE.C!in.',.'.0 '.9.'..'...
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day of Decem'oer_ 158,! by and ;
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. l'his Ascaoent is trade un the 21stbetnesn Transme.arice Delav.il and Long Island Li2 ting (LILCO), a _
_ corporattan.
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- consideration.'of the mutual undertakingt s.tadaf hsrain,. Dai,4 val and
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LILCO agree asMallows:
1..' Dalaval shsli, wi61st ten (101 days of t' tin.brennt/ fursish to /-
v.
.,. LILCO certain angir.eering drawin'st (tha Drawir.gs) relating to 04 diatel engins. product-(specifically identified,in A1prendix A herato)
(collectively "Delaval's Work Product).
Delaval's Wo4 Product la its valuable pro;srty and is Turnished by *.-
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Delaval and received by LILCO solely for the purpose of LILCO's use in'connectionwith any analysis report or othee documentattbn it wtli make'tn suppork of its effort to obtain licensing approval from the'"
Nuclear Regulat.ory Corm:Ission (WRC) as such effort afracts or is.
affected by tha three emergency standby diesel generators instalied at
. LILCQ's Shoreham nuclear poWor plant.
LILCO shall netcopy, wholly er pert 1y, any'or Delaval's'We'rk Product 3.
and will not mhke available to any other person Delaval's Work Product, coptet thersof or In any reanner'the substages of the' content of
- Delaval's WoA Product, except to NRC as cay be requifed by the NRC.
as part of its licensing consideratten referred to in paragraph 2,above.
Access to De14941's McA Product shall'he Ifmited by LILCO Co' Cnly such
- 4. 'of its empicyaos or consultants at may have a reed to know, in the -
responsible judsment of LILCO. and who exe:ute 'an undertaking to like ter'as to this Agreement.
Delavel's Work product shall be returned to Delaval at the earliest of 5.
- 1) the, date. on which NRC grants an operating license to LILCO for tts l
Shor.eham nuclear power plant. or 2) 90 days af ter the date thereof.
Transwert. r,01 val In.
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i.ong Island Li *. ting Company.
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$[1 LILCO, August 14, 1984 i
CERTIFICATE OF SERVICE In the Matter of og7[kg,,
LONG ISLAND LIGHTING COMPANY g r (Shoreham Nuclear Power Station, Un 1)
Docket No. 50-322 (OL)
'UOfy I hereby certify that copies of LILCO'S E' ION _FOR ENE TO MAKE RESTRICTED SERVICE OF CERTAIN DOCUMENTS',y(TOR &PROTEC-TIVE ORDER AND FOR IN CAMERA CROSS-EXAMINATION CONCERNING THE DOCUMENTS were served this date upon the following by first-class mail, postage prepaid, or by hand as indicated by an asterisk.
s Judge Lawrence Brenner, Esq.*
Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board, United States U.S. Nuclear Regulatory Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, D.C.
20555 Dr. Peter A. Morris
- Martin Bradley Ashare, Esq.
' Administrative Judge Attn:
Patricia A. Dempsey, Esq.
Atomic Safety and Licensing County Attorney Board, United States Suffolk County Department of Law Nuclear Regulatory Commission Veterans Memorial Highway Washington, DC 20555 Hauppauge, New York 11787 Dr. George A.
Ferguson*
Edwin J. Reis, Esq.*
Administrative Judge Bernard M.
Bordenick, Esq.
Atomic Safety and Licensing Office of the Executive Legal Board Panel Director School of Engineering U.S. Nuclear Regulatory Howard University Commission 2300 6th Street, N.W.
Washington, D.C.
~20555 Washington, D.C.
20059 Herbert H.
Brown, Esq.*
Secretary of the Commission Kirkpatrick, Lockhart, Hill, U.S. Nuclear Regulatory Christopher & Phillips Commission 1900 M Street, N.W.
Washington, D.C.
20555 8th Floor Washington, D.C.
20036 Atbmic Safety and Licensing Appeal Board Panel Mr. Marc W.
Goldsmith U.S. Nuclear Regulatory Energy Research Group Commission 4001 Totten Pond Road Washington, D.C.
20555 Waltham, Masschusett's 02154
o r
A i' 4 MHB-Technical Associates Fabian G. Palomino, Esq.
1723 Hamilton Avenue Special Counsel to the Suite K.
Governor i
. San Jose, California 95125 Executive Chamber, Room 229
-State Capitol' Mr. Jay Dunkleberger Albany, New York 12224 New York State Energy Office Agency Building 2 Jonathan D.
Feinberg, Esq.
Empire State Plaza New York State
-Albany, New York 12223 Department of Public Service Three Empire State Plaza Stephen B. Latham,-Esq.
Albany, New York 12223 Twomey, Latham & Shea 33 West Second Street Robert E. Smith, Esq.
P. O. Box 398 Guggenheimer & Untermyor Riverhead, New York 11901 80 Pine Street New York, New York 10005 James B. Dougherty, Esq.
(diesels only) 3045 Porter Street Washington, D.C.
20008 d
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- f. Milton Farley, gfI /
Hunton & Williams 2000 Pennsylvania Avenue, N.W.
P.O. Box 19230 Washington, D.C.
20036 DATED:
August 14, 1984 J
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