ML20147A784
| ML20147A784 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/22/1988 |
| From: | Cowan B, Kenrick J ECKERT, SEAMANS, CHERIN & MELLOTT, WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5696 OL-1, NUDOCS 8803010347 | |
| Download: ML20147A784 (10) | |
Text
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,5MS FEBRUARY 22, ifk%[EkCC' UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD OFFICE F hut 1t.ri-00CKElin3 A SLRvfr..:
BRANCH
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In the Matter of
)
)
Docket No. 50-443 OL-1 9/'Ob/
Public Service Company of
)
New Hampshire, et al.
)
ONSITE EMERGENCY
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PLANNING & TECHNICAL (Seabrook Station, Units 1 & 2)
)
ISSUES
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MOTION OF WESTINGHOUSE ELECTRIC CORPORATION, APPEARING SPECIALLY, FOR AN EXTENSION OF TIME Westinghouse Electric Corporation ("Westinghouse"),
l appearing specially, hereby requests an extension of time until March 15, 1988, in which to respond to the "New England Coalition on Nuclear Pollution's Motion to Compel Applicants to Respond to NECNP's Second Set of Interrogatories and Request for Production of Documents on NECNP Contention I.V." dated February 10, 1988 (the "NECNP Motion").
NECNP in this proceeding filed a second set of interrogatories and request for production of documents on the Applicants, Public Service Company of New Hampshire, et al.
Applicants responded to such request in a filing dated January lWestinghouse, by separate filing today, has entered a special appearance in this proceeding for the sole purpose of ensuring the confidential treatment of proprietary information owned by Westinghouse.
Special Appearance of Westinghouse Electric Cor-poration, February 22, 1988.
8803010347 800222 R
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O 26, 1988.2 As part of that response, Applicants objected to 3 unless NECNP producing a Westinghouse proprietary document signed an appropriate. protective order.
On February 10, 1988, NECNP filed a Motion to ccmpel Applicants to produce the Westing-house proprietary document,4 claiming that Applicants' failure to produce such document was without basis.
Westinghouse was advised of the NECNP Motion by counsel for Applicants on February 17, 1988.
Under the Rules of Practice of the Commission, a response to the NECNP Motion would be due on February 24, 1988.
See 10 C.F.R. SS 2.730, 2.711, 2.710.
In' order to respond proporly to the NECNP Motion, Westinghouse needs time to review the motion, relevant portions of the Seabrook pro-ceeding which give rise to the discovery request underlying the motion, and relevant Commission precedents in connection with motions of this type.
In addition, Westinghouse needs time to prepare an appropriate non proprietary version of the document sought to be produced as well as the approrriate affidavits for filing with the Commission in support of the Westinghouse Applicants' Responses to New England Coalition on Nuclear Pol-2 lution's Second Set of Interrogatories and Request for Production of Documents to Applicants on NECNP Contention I.V.
3Villasor, A.
P., Jr., "Steam Generator Tube Plugging Margin Analysis for the Seabrook Nos. 1 & 2 Nuclear Power Plants",
WCAP 10413 (proprietary), Westinghouse Nuclear Energy Systems, Pitts-burgn, Pa., November 1983.
New England Coalition on Nuclear Pollution's Motion to Compel 4
Applicants to Respond to NECNP's Second Set of Interrogatories and Request for Production of Documents on NECNP Contention I.V.
2
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proprietary claim.
Such review and preparation involve both technical and legal personnel at Westinghouse and are performed in accordance with careful procedures, previously. established by Westinghouse, which are designed to assure that Westinghouse pro'prietary information is properly identified and protected.
The document whose production and disclosure is sought Under here has not previously been furnished to the Commission.
S 2.790, Westinghouse is required, at the time it sub-10 C.F.R.
mits a document to the Commission and proposes that the document be withheld from public disclosure, to submit an affidavit con-taining "a full statement of the reasons on the basis of which it is claimed that the information should be withheld from public disclosure."
Westinghouse has begun the process of reviewing the document, preparing a non-proprietary version, and preparing the required affidavits to demonstrate the proprietary nature of the information sought to be withheld from public disclosure.
Such review process, which involves a number of steps and individuals, will take two to three weeks to complete.
Moreover, because of the suddenness with which this matter arose, the Westinghouse manager of Regulatory and Legislative Affairs, who has been dele-gated the function of reviewing proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing proceedings will not be available until after March 2, 1988.
Westinghouse notes that Applicants (and Westinghouse) remain willing to provide the proprietary document in question to NECNP upon the signing by NECNP of an appropriate protective.
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in agreement.
Thus, NECNP will be able to utilize the document this proceeding while the Board is considering the matter of the proprietary protection to be afforded to Westinghouse.
Signing such an agreement would be without prejudice to NECNP to contest beEore the Commission questions which it seeks to raise as to production and disclosure of the document.5 For the reasons stated above, Westinghouse requests an extension of time until March 15, 1988, to file a response to the NECNP Motion to Compel.
Respectfully submitted, A
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AU nsel fod Westipghouse
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ectric Corporation, Appearing pecially Eckert Seamans Cherin & Mellott 42nd Floor, 600 Grant Street Pittsburgh, PA 15219 (412) 566-6000 l
5 Westinghouse does not by this statement waive any rights it may have to claim that the licensing board lacks jurisdiction to de-termine whether a document is entitled to proprietary protection, and that such determination should be made by the Commission Staff..
1
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0%EI' February 22, 1988 UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Off tCL y u.nt:;>.n <
00CKEl#N3 4 stavitt.
In he Matter of
)
8d'/
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Docket No. 50-443 OL-1 Public Service Company of
)
New Hampshire, et al.
)
ONSITE EMERGENCY
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PLANNING & TECHNICAL (Seabrook Station, Units 1 and 2) )
ISSUES
)
,S_PECIAL APPEARANCE OF WESTINGHOUSE ELECTRIC CORPORATION Westinghouse Electric Corporation ("Westinghouse")
hereby files a special appearance in this proceeding for the scle purpose of insuring confidential treatment of proprietary information owned by Westinghouse.1 The New England Coalition on Nuclear Pollution ("NECNP") has filed a Motion in this 2
proceeding seeking production and disclosure of a Westinghouse 1 Dicta of the Atomic Safety and Licensing Appeal Board indicates that a non-party should make a special appearance in a Licensing Board proceeding in order to preserve its right to either appeal from, or participate on an appeal of, the Licensing Board's deci-sion on the matter.
In the Matter of Kansas Gas and Electric Corp., et al. (Wolf Creek Nuclear Generating Station, Unit No.
11, (ALAB-311), Memorandum and Order dated February 3, 1976, 3 NRC 85, at 87-89.
Westinghouse previously has appeared specially in other Commission proceedings for the purpose of protection of Westinghouse proprietary information from public disclosure.
- See, e.c.,
In the Matter of Wisconsin Electric Power Company (Point Beach Nuclear Plant, Units 1 and 2), Docket Nos. 50-266, 50-301 (OL Amendment).
2"New England Coalition on Nuclear Pollution's Motion to Compel Applicants to Respond to NECNP's Second Set of Interrogatories and Request for Production of Documents on NECNP Contention I.V.," dated February 10, 1988.
\\
B 0-proprietary document.
Westinghouse desires the opportunity to 1
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participate in any proceedings conducted by the Atomic Safety and Licensing Board in connection with the question of whether West-inghouse claims for proprietary protection of the document should be* upheld, and all matters relating to such claims.
Respectfully submitted, u
/41l Counsel for Westinghouse Electric Corporation, Appearing Specially Eckert Seamans Cherin & Mellott 42nd Floor, 600 Grant Street Pittsburgh, PA 15219 (412) 566-6000 l
February 22, 1988 D X EE;Er Lb H.~ c UNITED STATES NOCLEAR REGULATORY COHMISSION 18 FD3 26 P3 42 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD (OCMCimo 4 p,,g,g
!ICL U n cyt m,,.
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BRANCH Docket No. 50-443 OL-l[yy y-OL'I In Ehe Matter of
)
)
Public Service Company of
)
New Hampshire, et al.
)
ONSITE EMERGENCY
)
PLANNING & TECHNICAL (Seabrook Station, Units 1 and 2) )
ISSUES
)
NOTICE OF APPEARANCE The undersigned, being an attorney at law in good standing admitted to practice before the Supreme Court of Penn-sylvania and the United States Court of Appeals for the District of Columbia Circuit, hereby enters his appearance as counsel on behalf of Westinghouse Electric Corporation, appearing specially in the above captioned proceeding.
N
/et t 36qpR.Kenrick ECKERT SEAMANS CHERIN & MELLOTT 42nd Floor, 600 Grant Street Pittsburgh, PA 15219 Telephone: (412) 566-6000 Dated:
February 22, 1988 i
1 l
February 22, 1988 09PE!Ji 4Nrt UNITED STATES NUCLEAR REGULATORY COMMISSION 2
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD QUICT :a nu tiu 00CKE % 66 sfim g
)
In the Matter of
)
50-443 OL-1[gyf -Od-/
)
Docket No.
Public Service. company of
)
New Hampshire, et al.
)
ONS72E EMERGl:NCY
)
PL;NNING & TECHNICAL (Seabrook Station, Units 1 and 2) )
IdSUES
)
NOTICE OF APPEARANCE The undersigned, being an attorney at law in good standing admitted to practice before the Supreme Court of Penn-sylvania and the United States Supreme Court, hereby enters his appearance as counsel on behalf of Westinghouse Electric Corpo-ration, appearing specially in the above captioned proceeding.
/AaD%,fani Bdrton Z. Cg3An ECKERT SEAMANS CHERIN & MELLOTT 42nd Floor, 600 Grant Street Pittsburgh, PA 15219 Telephone: (412) 566-6000 Dated:
February 22, 1988
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CXME TED U3NHC CERTIFICATE OF SERVICE 16 F03 26 P3 '43 I, Barton Z. Cowan, one of the attorneys for Westinghouse Electric Corporation, hereby certify that on February 22,,Jpyp,; L.
made service of the within documents by mailing copies th b @ im;'i $ gg.f vtCf.
BRANCH first class postage prepaid, to:
- Addinistrative Judge Sheldon J.
Stephen E. Merrill, Esq.
Wolfe, Esq., Chairman Attorney General Atomic Safety and Licensing George Dana Bisbee, Esq.
Assistant Attorney General Board Panel U.S. Nuclear Regulatory Commission Office of the Attorney General Washington, D.C.
20555 25 Capitol Street Concord, NH 03301-6397
- Judge Emmeth A. Luebke Atomic Safety and Licensing
- Dr. Jerry Harbour Atomic Safety and Licensing Board Fanel 5500 Friendship Doulevard Board Panel U.S. Nuclear Regulatory Apartment 1923N Chevy Chase, Maryland 20815 Commission Washington, D.C.
20555
- Thomas G. Dignan, Jr.,
Esq.
Kathryn A. Selleck, Esq.
- Diane Curran, Esq.
Deborah S. Steenland, Esq.
Andrea C. Ferster, Esq.
Harmon & Weiss Ropes & Gray 225 Franklin Street Suite 430 Boston, MA 02110 2001 S Street, N.W.
Washington, D.C.
20009 Robert Carigg, Chairman Board of Selectman
- Sherwin E. Turk, Esq.
Town Office Office of the Executive Legal Atlantic Avenue Director North Hampton, NH 03862 U.S. Nuclear Regulatory Washington, D.C.
20555 Atomic Safety and Licensing Board Panel Robert A. Backus, Esq.
U.S. Nuclear Regulatory Commission Backus, Meyer & Solomon Washington, D.C.
20555 116 Lowell Street i
P.O. Box 516 Atomic Safety and Licensing Manchester, NH 03105 j
Appeal Board Panel U.S. Nuclear Regulatory Commission Mr. J. P. Nadeau Washington, D.C.
20555 Selectman's Office 10 Central Road Philip Ahrens, Esq.
Rye, NH 03870 Assistant Attorney General Department of the Attorney General Charles P. Graham, Esq.
Augusta, ME 04333 McKay, Murphy & Graham 100 Main Street Amesbury, MA 01913
,y-,
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Paul McEachern, Esq.
Carol S. Sneider, Esq.
Matthew T. Brock, Esq.
Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Mapleucod Avenue P.O. Box 360 One Ashburton Place, 19th F1.
Portsmouth, NH 03801 Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chdirman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth NH 03801 Senator Gordon J. Humphrey Mr. Angie Machiros U.S. Senate Washington, D.C. 20510 Chairman of the Board of (Attn:
Tom Burack)
Selectmen Town of Newbury Senator Gordon J. Humphrey Newbury, MA 01950 One Eagle Square, Suite 507 Concord, NH 03301 Mr. Peter S. Matthews Attn:
Herb Boynton Mayor City Hall Newburyport, MA 01950 H. Joseph Flynn, Esq.
Office of General Counsel Mr. William S. Lord Federal Emergency Management Board of Selectmen Town Hall - Friend Street Agency 500 C Street, S.W.
Amesbury, MA 01913 Washington, D.C.
20472 Brentwood Board of Selectmen Gary W. Holmes, Esq.
RFD Dalton Road I
Holmes & Ells Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Richard A. Hampe, Esq.
Hampe & McNicholas Mr. Ed Thomas 35 Pleasant Street FEMA, Region I Concord, NH 03301 442 John W. McCormack Post Office & Court House Judith H. Mizner, Esq.
l Post Office Square Silverglate, Gertner, Baker, Boston, MA 02109 Fine, Good & Mizner 88 Broad Street Mr. Thomas F.
Powers, III Boston, MA 02110 Town Manager, Town of Exeter 10 Front Street Exeter, NH 03833 W
Barton Z.
C Pan