ML20096F786

Motion to Continue Proprietary Treatment of Certain Exhibits.* Util Moves That Board Continue Proprietary Treatment to Listed Exhibits.W/Certificate of Svc

ML20096F786
Person / Time
Site:	Farley
Issue date:	04/16/1992
From:	John Miller, Repka D ALABAMA POWER CO., BALCH & BINGHAM (FORMERLY BALCH, BINGHAM, BAKER, WINSTON & STRAWN
To:	Atomic Safety and Licensing Board Panel
References
CON-#292-12921 91-626-02-CIVP, 91-626-2-CIVP, CIVP, NUDOCS 9205220030
Download: ML20096F786 (9)

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^Pri Mesr3fg2 l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION EEFORE THE ATOMIC SAFETY AND LICENf'NG BOARD'92 APR 16 P4 :31 i C:M ; ?Ei"ih if In the Matter f: *

) ,' [

) Docket Nos. 50-348-CivP ALABAMA POWER COMPANY ) 50-3C4-CivP i )

(Josepn M. Farley Nuclear )

Plant, Units 1 and 2) )

) (ASLBP No. 91-626-02-CivP)

MOTION TO CONTINUE PROPRIETARY TREATMENT OF CERTAIll, EXHIBITS I. INTRODtLQTION On April 9, 1992, counsel for Alabama Power Company (APCo) and the Nuclear Regulatory Coraission (NRC) Staff became aware that Alabama Power Company Exhibits 16 and 17, already admitted into

evidence in this proceeding, include several pages designated as containing proprietary information. Counsel for the parties discussed this matter among themrelves, and again during a conference call with Judge Bollwerk on April 10, 1992.

Subsequently, counsel for bota parties undertook a review of the record in this proceeding for other proprietary material and, as a result, identified 7.her exhibits including proprietary material.

Based on these reviews, and in accordance with the discussions with 4

the Board, Alabama Power Company herein moves that the Board accord continued proprietary treatment to those portions of APCo Exhibits 16, 17, and 20, and Staff Exhibit 32,-that have previously been 9205220030 920416 PDR 3

C ADOCK 05000348 PDR' 35D

i designated as containing proprietary information. The NRC Staff supports this motion.

TI. BACKGROUND APCo Exhibits 16 and 17 are the Franklin Research Center j (Franklin) Technical Evaluation Reports (TERs) on equipment qualification for Farley Nuclear Plant Units 1 and 2, respectively.

The TERs are dateu January 14, 1983 (Unit 1) and January 17, 1983 (Unit 2). The exhibits have been admitted into evidence in this proceeding (Tr. 947), in their entirety.

On April 9, ccvasel for the parties were notified that the admitted exhibits include pages previously designated as containing I

l proprietary information. This has been confirmed. A listing of l

l the pages in the two exhibits designated as proprietary is included in Attachment A to this f]otion.

When issued by Franklin and the NRC Staff in 3 J3, tu TERs were issued in both proprietary and non-propriotary ersions, based on licensees' requests on behalf of certain equipment vendors who wished proprietary treatment of information concerning their equipment. This treatment was in accordance with NRC procedures (10 C.F.R. Part 9, Subpart A and 10 C.F.R. S 2.790) . The versions of the Farley TERS placed in the NRC's Public Document Room (PDR)

-- and that are presently in the PDR -- are the no'-proprietary versions. These publicly available TERs have had the designated proprietary pages redacted.

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Counsel for Alabama Power C,ipany and the NRC Staff have also reviewed the record in this proceeding in order to identify any other exhibits or testirony which include or discuss proprietary information. Based on this review, counsel identified the following as including proprietary information:

• APCo Exhibit 20, Supplements 1, 2, 3 and 4. .This exhibit is APCo's submit +.nl to the NRC of February 29, 1984. As shown by Attachment 3 (Bates # 0057665), Westinghouse requested that the four supplements be treated as proprietary. The copy of this correspondence in the PDR be- had the four supplements redacted.

• Staff Exhibit 32 (APCo Exhibit 44), in its entirety.

This is a Westinghouse qualification report (WCAP-7709-L) for the Iydrogen Recombiners. It is regarded by Westinghouse as proprietary. As reflected in the cover page (Bates # 0677244) of APCo Exhibit 48 (the NRC's evaluation of FCAP-7709-L), the NRC has treated the report as proprietary.

Relevant portions of each exhibit are identified in Attachment A.

Apart from these exhibits, the parties have identified no testimony or other porticris of the record that contain proprietary l

information.Il l

II There is one page of APCO Exhibit 64 relating to Raychem NEIS

( kits that is stamped as proprietary. However, this page is l included in the copy of the document housed in the PDR.

Similarly, APCo Exhibit 48 is marked as being " Westinghouse

( Froprietary Class II." Nevertheless, it too is available, in l- its entirety, in the PDR. Finally, Staff Exhibit 31 'APCo l- (continued...)

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The parties have agreed to retain the proprietary version of the TERs in evidence in this proceeding, as well as the other proprietary material in APCo Exhibit 20 and Staff Exhibit 32. For example, the listed proprietary pages from the TERs include pages related to the Westinghouse Hydrogen Recombiners. Interfaces for that equipment ato curr antly at issue in this proceeding. Pages of the TERs related to thi.s equipment have been specifically cited by Alabama Power Company vitnesses in both Direct Testimony and Surrebuttal Testimony.

Alabama Power Company has not contacted all of the vendors af fected by proprietary pages of the TERs to determine whether they would voluntarily withdraw their prior requests for non-disclosure. Rather, since the Hydrogen Recombiners are the equipment predominantly affected by this issue, APCo has contacted representatives of Westinghouse. Westinghouse will not consent to relinquish proprietary status of its information. Given this state of affairs, Alabama Power Company F 'inves it appropriate to treat all the designated proprietary pages alike -- allowing continued proprietary treatme it for all information which to date the NRC has treated as proprietary.

Counsel for Alabama Power Company and the NRC Staff have also reviewed the proprietary material at issue. In general, the pages U (... continued) i Exhibit 47) bears a stamp ou " West? ghouse Proprietary Class l 3" (obscured on some copies _ by th( exhibit label). However, this exhibit appears to be a redacted version of the proprietary Westinghouse qualification report. Accordingly, proprictary treatment is not requested here for any of these three exhibits.

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4 and documents subject to proprietary treatment reflect performance characteristics of the equipment involved and the environmental ,

qualifications for t..at equipment. The TERs, for example, summarize information available in prior qualification reports which were also accorded proprietary status at the vendors' request. Similarly, Staff Exhibit 32 is a proprietary qualification report, treated as proprietary by the NRC as reflected in APCo Exhibit 48. Although counsel ara not privy to the reasoning of the equipment vendors involved, and may not fully appreciate the vendors' basis for treatment of the information as proprietary, the information has been accorded longstanding propr. cary status and does appear to be of a type that in good faith can be treated as proprietary.

III. MOTION l

Alabama Power Company respectfully moves that this Board, in accordance with 10 C.F.R. G 2.790, accord continued propric:ary treatment to the exhibits, and portions thereof, listed in Attachment A. This would involve sealing one exhibit and designated pages of other exhibits, and placing in the PDR only redacted, non-proprietary versions of the exhibits (with appropriate reference to the proprietary status of the remaining pages).U Because the NRC has previously determined that this U With this Motjon, Alabama Power Company is serving upor. the NRC's Office of the Secretary, at the request of the Board,

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three copies of redacted versions of APCo Exhibits 16, 17 and l

20. Since Staff Exhibit 32 is proprietary in its entirety, a radacted version has not been provided.

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information is proprietary, no new finding should be required.

This Motion requires only that the designated pages and the designated exhibit be treated in a fashion consistent with prior and current NRC practice with regard to the same documents.

Respectfully submitted, v c-

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David A. Repka M -

COUNSEL FOR ALABAMA POWER COMPANY OF COUNSEL:

BALCH & BINGHAM WINSTON & STRAWN James H. Miller, III 1400 L Street, N.W.

James H. Hancock, Jr. Washington, D.C. 20005-3502 Post Office Box 306 (202) 371-5700 l Birmingham, Alabama 35201

, (205) 251-8100 l

Dated at Washir.gton, D.C.

this(thdayofApril1992.

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ATTACHMENT A ProDrietary Pactes in APCo and StaII_Elchibits i

APCo Exhibit No. 16 APCo Exhibit No. 17 Bates Nos. 0054479 - 54484 0054936 - 54941

• 00545;7 - 54544 *0054976 - 54983 0054556 - 54564 0054998 -

55007 0054569 0055084 -

55090 0054580 - 54590-0054624 0054674 - 54680

• Westinghouse tiydrogen Recombiners APCc Exhibit No. 20 Staff Exhibit No. 32 Supplements 1, 2, 3 and 4 Entire document (Bates Nos. 0057651 - 57656) d j

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)

UNITED STATES OF AMERICA magu.

NUCLEMt REGULATORY COMMISSION UdHHC BEFORE THE ATOMIC SAFETY AND LICENSING B,0 R In the Matter of: ) .

ALABAMA POWER COMPANY

) Docket Nos.50-34p k.- v6M - _,[, [

) 50-3 64-C: vP ANW

)

(Joseph M. Farley Nuclear )

Plant, Units 1 and 2) )

) (ASLBP No. 91-626-02-CivP)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoina " Motion to Continue Proprietary Treatment- of Certain Exhibits" in the above-captioned proceeding have been served on the following by hand delivery as indicated by an asterisk, by Federal Express (morning 6311very) as indicated by two '

asterisks, or otherwise through deposit in First Class United States Mail, this 16th day of April, 1992:

G. Paul Bollwerk, III* Eagene J. Holler, Esq.*

Administrative Judge Office of the General Counsel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Peter A. Forris** Atomic Safety and Licensing Board Administrative Judge Panel 10825 South Glen Road U.S. Nuclear Regulatory Ccmmission Potomac, Maryland 2 '4 f 4 Washington, D.C. 20555 Dr. James H. Carpenter

• Office-of Commission Appellace Administrative Judge Adjudication Atomic Safety and Licensing Board U.S.-Nuclear Regulatory Commission s U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Office of the Secretary (2)* _

Mr. W. G.-Hairston, III U.S. Nuclear Regulatory Commission Southern Nuclear Operating Company, Washington, D.C. 20555 Inc.

Attn: Docketing and Service Post Office Box 1295 Section Birmingham, Alabama -35201 Adjudicatory File (2) James Lieberman, Dircocor Atomic Safety and Licensing Board Office of Enforcement Panel U.S. Nuclear Regulatory ccmmission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555

0 Regional Administrator Christina E. Clearwater, Esq.

U.S. Nuclear Regulatory Commission Bechtel Corporation Region II 9801 Washingtonian Boulevard 101 Marietta Street Gaithersburg, MD 20878-5356 Suite 2900 Atlanta, Georgia 30323 tt 4

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David A. 'Repka't Counsel for Alabama Power Company l

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