ML20132D071
| ML20132D071 | |
| Person / Time | |
|---|---|
| Issue date: | 07/12/1985 |
| From: | Arndt E Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20132D068 | List: |
| References | |
| NUDOCS 8507310174 | |
| Download: ML20132D071 (2) | |
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AFFIDAVIT State of Maryland to-wit: i County of Montgomery I hereby certify that on this Mday of My , 1985, before me, the subscriber, a, notary public, personnally appeared E. Gunter Arndt and ;
made oath in due form of law that to the best of his knowledge, infonnation and belief:
- 1. He is a Senior Structural Engineer in the Office of Nuclear Regulatory Research of the Nuclear Regulatory Commission. He is the NRC task i
leader for the proposed revision to 10 CFR Part 50, Appendix J, and for the development of the proposed regulatory guide endorsing ANSI /ANS 56.8.
- 2. On May 5,1983, a meeting was held in the office of Edward Shomaker, an :
attorney in the Office of the NRC's Executive Legal Director. Z. Reytblatt.
E. Shomaker, and he were present. The meeting had been convened to explain to Z. Reytblatt the NRC's procedures for filing, handling, and reviewing public coments and proprietary material, and to have Z. Reytblatt clarify l his intentions regarding two documents he had marked as proprietary and i sent to NRC.
- 3. During the meeting, he asked Z. Reytblatt if he had any objections to having Oak Ridge National Laboratory (0RNL) review either of the two documents.
He explained to Z. Reytblatt that since ORNL, as contractor to the NRC on the subject of containment leakage rate testing was a part of the NRC technical
' review team on this subject, it would be routine to include them in the technical review of his submittals. ,
i 4 4. Z. Reytblatt agreed to the review by ORNL of both of his documents, non- !
proprietary as well as proprietary. Reytblatt accepted ORNL in their con-tractual relationship to the NRC as a part of the NRC technical review group.
Reytblatt did state that he did not want his proprietary material to be made available outside the NRC other than to ORNL, and this was reflected in sub- '
- sequentcorrespondence(references
- ZR to EGA 5/23/83; EGA to IR 9/14/83; EGA to Distrib. 9/29/83). In order to be as clear as possible, affiant tabulated for each of the two documents where Z. reytblatt said it could be !
sent - to NRC staff, ORNL, or NRC Public Document Room (PDR). This was done i due to prior negative reactions by Z. Reytblatt to distribution of coments
- that he had sent to the NRC (
References:
ZR to FPG 8/25/82; ZR to EGA 2/28/83). '
o For this reason, the need was obvious at the time for Z. Reytblatt to under- j stand how his documents would be handled, and to respect his stated intentions regarding their degree of availability. Therefore, after ORNL's contractual status was explained, Z. Reytblatt was directly asked how he wanted these two i documents handled, and he replied exactly as shown in affiant's notes on the meeting. This is, (1) his " Critique" of ANS 56.8 (revision 1, March 14,1983) was not proprietary and could be made available to NRC staff, ORNL, and the NRC Public Document Room (PDR)and (2) his version of ANS 56.8 was proprietary, i could be*made available for review to the NRC staff and ORNL, but could not be i placed in the.PDR.
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- 5. The meeting was very cordial and to all appearances fulfilled the objectives stated in #2 above.
- 6. Upon conclusion of the meeting, Z. Reytblatt asked and received directions to the NRC's personnel office, indicating that he wished to look into employment opportunities.
- 7. According to Z. Reytblatt's letter of April 27, 1983, he withheld from ORNL, under his contract, pages 21 and 22 of his " Critique of Containment System Leakage Test Requirements," which are described by him as being Appendix A, a theoretical background from the User's Manual to his computer program "INLOGU - Instrument Location Guide" or Reference 3. To date, these two pages have not been received by either ORNL or NRC.
- 8. In his May 23, 1983, formal submittal of his proprietary proposal, Z. Reytblatt stated that, "This material is for your internal use and/or use of designated contractors...". The only such contractor was ORNL.
- 9. File notes show that during a June 30, 1983 telephone call from Z. Reytblatt to affiant, affiant declined to get involved in Reytblatt's dispute with ORNL. However, affiant was aware of Reytblatt's subcontract with ORNL since it was in essence a subcontract to the contract that the NRC had with ORNL.
As the NRC's technical coordinator on this contract, affiant had agreed with the use of these funds for this subcontract with Z. Reytblatt if ORNL decided to do so.
- 10. The third paragraph of J. Rose's May 6,1985 letter to G. Cunningham, III, concludes that ORNL used Z. Reytblatt's proprietary material in the development of NUREG/CR-3549. In fact, Appendix A to the NUREG is a review of the document referenced in the Appendix - Z. Reytblatt's non-proprietary " Critique." The ORNL review of Z. Reytblatt's proprietary material was presented to the NRC in a November 14, 1983 letter that has, itself, been treated by the NRC as proprietary.
- 11. Furthermore, on July 14, 1983, Z. Reytblatt wrote ORNL that he would send his proprietary pages 21 and 22 to ORNL on the same basis [ charge-free]
upon completion of negotiations with a third party. The May 27, 1983 letter from ORNL to Z. Reytblatt also indicated that there was little likelihood of further need for his services beyond what had already been contracted for.
Further affiant sayeth not.
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. [.GunterArhdt Subscribed and sworn to before me on the day and yea,r first above written.
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g h' I-Notary Public N l=! ,
My Commiss' ion. Expires 7 /llM l
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