ML20098F348

Forwards Protective Agreement on Release of Certain Documents Requested by Case in Connection W/Applicant Motion for Summary Disposition Re QA Program for Design of Piping & Pipe Supports

ML20098F348
Person / Time
Site:	Comanche Peak
Issue date:	09/29/1984
From:	Horin W BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Ellis J Citizens Association for Sound Energy
References
CON-#484-206 OL, NUDOCS 8410020624
Download: ML20098F348 (9)

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TELEM 440574 INTLAW ut UCCh i O b (2 r2170 4-c e c o g4p TELEX 222*67 wnTEp's Diet:T Coa, (202J September-29, 1984 Mrs. Juanita Ellis President,~ CASE 1426 South Polk Street Dallas, Texas 75224 Subj: Texas Utilities Electric Company (Comanche Peak Steam Electric Station, Units 1 and 2);

Docket Nos. 50-445 and 50-446 O L

Dear Juanita:

As we discussed yesterday, I am enclosing copies of protective agreements concerning the release of certain documents requested by CASE in connection with Applicants' motion for

' summary disposition regarding the quality assurance program for the design of piping and pipe supports. The documents covered by these agreements are the quality assurance procedures'of Westinghouse and ITT-Grinnell requested by CASE. The agreements would permit CASE to use these procedures in the preparation of your answer to Applicants' motion, subject to the conditions set forth therein. Upon execution of these agreements I will forward copies of the documents to you.

Sincerely, William A. Horin Counsel for Applicants Enclosures cc: Service List 8410020624 840929 PDR ADOCK 05000445 0 PDR

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' UNITED STATES OF-AMERICA- 0FFlcE crsgeggg,3 NUCLEAR REGULATORY COMMISSION UU3E7jNG&3E8v;c; oRANcy BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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TEXAS UTILITIES ELECTRIC ) Docket Nos. 50-445 d)C-COMPANY, et'al.

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(Comanche Peak Steam Electric ) (Application for Station, Units 1 and 2) ). Operating License)

AGREEMENT AS TO DISCLOSURE OF CONFIDENTIAL INFORMATION WHEREAS, there is an operating license proceeding (NRC Docket Nos. 50-445 and 50-446) for Comanche Peak Steam Electric Station Units 1 and 2 currently.pending before an Atomic Safety and Licensing Board appointed by the U.S. Nuclear Regulatory Commission; and WHEREAS, Westinghouse Electric Corporation

(" Westinghouse"), a non-party to the proceeding has been requested by Mrs. Juanita Ellis, a representative of Citizens Association for Sound Energy (CASE), to disclose certain information relating to contentions at issue in said proceeding, which is claimed by Westinghouse to be proprietary and which Westinghouse customarily holds in confidence; and a _

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[- WHEREAS, Westinghouse is willing to disclose the h ~information'to Mrs.;Juanita:Ellis and Messrs. Mark Walsh and Jack j; 'Doyle (hereinafter referred to as "Signators " ) , _ ' for ' the limited P ~

purpose and-on condition that the-information is treated in a

confidential manner as. hereinafter provided.

i NOW, THEREFORE, in consideration of.the disclosure of such information by Westinghouse, the Signators agree as follows:

(1) Signators will be given access to such information designated as Westinghouse proprietary in strict confidence and secrecy. -

(2) Signators will utilize such it. formation only for the purpose of the preparation of CASE's answersto Texas Utilities Electric Company's (" Applicants") " Motion for Summary Disposition Regarding Allegations Concerning Quality Assurance Program for Design of Piping and Pipe Supports for Comanche Peak Steam Electric Station," filed July 3, 1984. Signator shall not use such information for any other purposes. Such information, if used in whole or'in part in CASE's answer shall be subject to the provisions of paragraphs (3) and (4) hereunder.

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(3) Signators will not disclose the information in any. i manner to anyone not also a signator to this Agreement or subsequent agreement containing like terms. Signators will not photocopy, transcribe, reproduce, or disclose such information to,

-any other person or entity whatever without first obtaining the prior written approval of' Westinghouse. Such request shall be directed to:

Westinghouse Nuclear Energy Systems P.O. Box 355 Pittsburgh, PA 15230 Attn Mr. Robert A. Wiesemann (4) Signators will safeguard and hold in confidence all such information as well as all evaluations, data, or notes made in connection with such information in accordance with the provisions of paragraph (3) above:

(5) Restrictions on disclosure contained herein shall not apply to any information or material which is available generally to the public or previously made available by Westinghouse without limitation as to use. Nothing herein shall be construed as permitting Signators to obtain the right to use information which becomes publicly known through any improper act or omission.

(6) Westinghouse retains all right, title, and interest in and to the confidential information.

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(7) No patent-ri$ hts of any. kind'whatever are conveyed by Westinghouse under this Agreement, nor are the rights to use any'invention covered thereby.

, (8) Signators may not assign this Agreement.

(9) ~ Signators make no admission as to whether, in fact, any information disclosed to Signators by Westinghouse is ccnfidential but will treat same on a confidential basis.

I (10) Signators will return to Westinghouse at the-above address all such information, and all copies made therefrom, at the conclusion of its use hereunder without demand from Westinghouse, but in no event later than the conclusion of the said operating license hearing and any appeals therefrom, or upon request from Westinghouse.

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-S-4 IN WITNESS WHEREOF,- Signators have- duly executed the Agreement ahe date and year set forth bel.ow.

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CONSENTED TO:

-WESTINGHOUSE ELECTRIC CORPORATION 4

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UNITED STATES OF AMERICA NUCLEAR REGULATROY CobNISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the matter'of )

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TEXAS LTfILITIES ELECTRIC -) Docket Nos. 50-445 COMPANY, et al. ) 50-446

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(Comanche Peak Steam Electric ) (Application for Station, Units 1 and 2) ) Operating License)

AGREEMENT AS TO DISCIDSURE OF CONFIDENTIAL INFORMATION

-hEEREAS, there is an operating license proceeding (NRC Docket Nos.

50445 and 50446) for Comanche Peak Steam Electric Station Units 1 and 2 currently pending before an Atomic Safety and Licensing Board appointed by the U. S. Nuclear Regulatory Commission; and hBEREAS, ITT Grinnell Corporation ("ITT Grinnell"), a non-party to the

proceeding has been requested by Mrs. Juanita Ellis, a representative of I Citizens Association for Sound Energy (CASE), to disclose certain information relating to contentions at issue in said proceeding, which is claimed by ITT Grinnell to be proprietary, which IIT Grinnell customarily holds in confidence, and which is contained in the doctments attached hereto as Attachment A; and WHEREAS, IIT Grinnell is willing to disclose the information to Mrs.

Juanita Ellis and Messrs. Mark Walsh and Jack Doyle (hereinafter referred to as "Signators"), for the limited purpose and on condition that the information is treated in a confidential manner as hereinafter provided.

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NOW, THEREFORE, in consideration of the disclosure of such information by IIT Grinnell, the Signators agree as follows:

(1) Signators will be given access to such information designated.

as IIT Grinnell proprietary in strict confidence and secrecy.

(2) Signators will' utilize such information only for the purpose of the preparation of CASE's answer to Texas Utilities Electrie Company's

(" Applicants") " Motion for Summary Disposition Regarding Allegations Concerning Quality Assurance Program for Design of Piping and Pipe Supports for Comanche Peak Steam Electric Station,"' filed July.3, 1984. Signator shall not use such information for any other purposes. Such information, if used in whole or in part in CASE's answer shall be subject to the provisions of- '

paragrpahs (3) and-(4) hereunder.

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l (3) Signators will not disclose the information in any manner to i l

anyone not also a signator to this Agreement or subsequent agreement l containing like terms. Signators will not photocopy, transcribe, reproduce, or disclose such information to any other person or entity whatever without first obtaining the prior written approval of ITT Grinnell. Such request shall be directed to:

IIT GRINNELL CORPORATION 260 West Exchange Street Providence, Rhode Island 02901 Attn: D. D. McKenney (4) Signators will safeguard and hold in confidence all such information as well as all evaluations, data, or notes made in connection with such information in accordance with the provisions of paragraph (3) above:

(5) Restrictions on disclosure contained herein shall not apply to any information or material which is available generally to the public or previously made avaliable by IIT Grinnell without limitation as to use.

Nothing herein shall be construed as permitting Signators to obtain the right to use.information which becomes publicly known through any improper act or omission.

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t (6) ITT Grinnell retains all right, title, and interest in and to the confidential information.

(7) No patent rights of any kind whatever are conveyed by ITT Grinnell under this Agreement, nor are the rights to use any invention covered thereby.

(8) Signators' may not assign this Agreement.

(9) Signators make no admission as to whether, in fact, any information disclosed to Signators by ITT Grinnell is confidential but will treat same on a confidential basis.

(10) Signators will return to ITT Grinnell at the above address all such information, and all copies made therefrom, at the conclusion of its use hereunder without demand from ITT Grinnell, but in no event later than the conclusion of the said operating license hearing and any appeals therefrom, or upon request from ITT Grinnell.

IN WITNESS WHEREOF, Signators have duly executed the Agreement the date and year set forth below.

(Date)

CONSENTED TO:

l'IT GRINNEl.L CORPORATION .

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