ML20147B234
| ML20147B234 | |
| Person / Time | |
|---|---|
| Site: | Green County  |
| Issue date: | 11/28/1978 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7812150189 | |
| Download: ML20147B234 (10) | |
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11/28/78 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION-BEFORE THE ATOMIC SAFETY AND LICENSING BOARD oft ll In the Matter of )
S' POWER AUTHORITY OF THE STATE OF NEW YORK
.) Docket No. 50-549 l[
- ~
(Greene County Nuclear Power O
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5 Plant) ) Y d XXXX e l STATE OF NEW YORK DEPARTMENT OF PUBLIC SERVICE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT In the Matter of the Application of the )
)
- POWER AUTHORITY OF THE STATE OF ) Case 80006 NEW YORK ) i, (Greene County Nuclear Generating Facili ty) )
NRC STAFF RESPONSE TO INTERVENOR LEHIGH PORTLAND CEMENT COMPANY'S MOTION T0 QUASH OR MODIFY SUBP0ENAS DATED AUGUST 17,1978, AND OCTOBER 10, 1978, AND TO REQUEST AN EXEMPTION FROM THE DISCLOSURE OR PERMISSION TO WITHHOLD FROM DISCLOSURE MATERIAL REQUESTED BY NRC STAFF BY LETTER DATED SEPTEMBER 8, 1978 INTRODUCTION AND BACKGROUND On August 17, 1978, the Power Authority of the State of New York (PASNY) subpoenaed a document from Lehigh Portland Cement Company (LPCC) known as an engineering planning study. This document concerns LPCC's 7812150 I Tf 7 h
activities at the Cementon site. LPCC claims that this document contains proprietary information, and has not as of this date complied with PASNY's subpoena.
On September 8,1978, the NRC Staff made a formal request for the production of another document. This document is a feasability study for the building of a "greenfield" cement facility somewhere in the United States. LPCC never produced this document, and so on October 20, 1978, the NRC Staff filed a motion to compel the production of this particular document. On October 10, 1978, PASNY qubpoenaed the document which the NRC Staff had requested. LPCC has not as of i
this date complied with the October 10th subpoena.
Intervenor LPCC has now filed a motion to quash or modify the two above-mentioned subpoenas, and for permission to withhold from disclosure the material formally requested by the NRC Stoff on September 1978. Intervenor's motion does not make it clear whether LPCC is tending that the document should be withheld from public disclosure under 12.790, or whether LPCC feels that the document is not an appropriate document for discovery. Regardless of the meaning of LPCC's motion, the Staff has decided not to pursue further its request for the production of the feasability study concerning the building of a "greenfield" cement facility somewhere in the United States other than the Northeast. The NRC Staff would not oppose a protective order concerning the engineering planning study, if it
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were to be found by the Joint Board that the information is indeed proprietary.
ARGUMENT I. The Engineering Planning Study.
Intervenor LPCC has moved under 10 CFR 582.740 and 2.790 for protection of certain subpoenaed information. LPCC argues that the document subpoenaed by PASNY in August of 1978 contains information about raw materials reserves at the Alsen site in New York, and future plans for the Alsen site which, if disclosed, would put LPCC at a competitive disadvantage; Normally when a question is raised concerning the proprietary nature of information in a particular document, the NRC Staff is furnished with a copy of the document in question. The Staff then reviews the document to determine whether it is in fact entitled to proprietary status. In the present case the engineering planning study was produced at the deposition of Ralf Bohman taken by the NRC Staff on August 22, 1978. A copy of the study was given to then NRC Staff Counsel. Retention of the document was conditioned by LPCC upon the signing of a confidentiality agreement by any parties receiving . copies of the document. This confidentiality agreement was not signed by the Staff, and the document in question was returned to LPCC. Preant Staff Caunsel have never seen the 1/ It appears that there is some confusion as to whether this matter is before the Joint Board or the Licensing Board only. We note that the subpoenas in question were issued by the Licensing Board.
It is our view, however, that since the matter pertains to NEPA contentions it is properly before the Joint Board.
document. Therefore, the Staff is not in a position to determine whether or not the engineering planning study is in fact entitled to proprietary status. The Staff would not be opposed to the entry of a protective order were the Joint Board to determine that the document was entitled to proprietary status under 10 CFR 62.790.
II. Feasability Study For The Building Of A "Greenfield" Cement Site Somewhere In The United States Intervenor LPCC represents that its plans to build a "greenfield" cement facility somewhere else in the United States are not dependent on its position concerning the construction of the Greene County Nuclear Power Plant. LPCC has made the same representation in its answers to interrogatories propounded by NRC Staff. The Staff has decided that, due to LPCC answers to its interrogatories, it will not pursue its request for the production of this particular document.
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CONCLUSIONS For the above-mentioned reasons the Staff concludes that:
l 1. If there is a Joint Board determination that the engineering planning study contains proprietary information, it would not oppose the entry of a protective order regarding this information; and
- 2. The Staff will not pursue further its request for production of the feasability study for building a "greenfield" cement facility somewhere in the United States other than the Northeast.
Respectfully submitted, (3 '( '
. b/$;; < l, Stephen H. Lewis Counsel for NRC Staff Dated at Bethesda, Maryland this 28th day of November, 1978.
UNITED 51 ATES OF A!' ERICA flVCLIAR RI:GULATORY COnXISS10ll BEFORE THE ATOMIC SAFETY A5!D LICENSIllG BOARD In the Matter of POWER AUTHORITY OF lilE STATE OF )
NEW YORK ) Docket No. 50-549
)
(Greene County Nuclear Power Plant) )
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STATE OF NEW YORK DEPARTl1ENT OF PUBLIC SFRVICE BOARD ON ELECTI:IC GENERATION SITING AND lHE ENVIkONMENT In the Matter of the Application of the )
)
POWER AUTil0RITY OF THE STATE OF )
HLW YORK Case 80006 (Creene County fluclcar Generating )
Facility) )
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF RESPONSE TO INTERVENOR LEHIGH PORTLAND CEMENT COMPANY'S MOTION TO QUASH OR MODIFY SUBPOENAS DATED AUGUST 17, 1978, AND OCTOBER 10,197F, Aifu TO REQUEST AN EXEMPTION FROM THE DISCLOSURE OR PERMISSION TO WITHHOLD FROM DISCLOSURE MATERIAL REQUESTED BY NRC STAFF BY LETTER DATED l
SEPTEMBER 8,1978, in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Conmission's internal mail system, this 28th day of November,1978.
Andrew C. Goodhope, Esq. , Chairman Honorable Edward D. Cohen ,
Atomic Safety and Licensing Doard Presiding Examiner 3320 Estelle Terrace Public Service Commission Wheaton, Maryland 20906 Empire State Plaza Agency Building
- Dr. Richerd F. Cole Albany, N.Y. 12223 Atomic Safety and Licensino Board U.S. Nuclear Regulatory Commission Honorable Donald Carson Washington, D.C. 20555 Associate Hearing Examiner Department of Environmental Dr. George A. Fecguson Conservation Professor of Nuclear Engineering 50 Wolf Road Howard University Albany, N.Y. 12223 Washington, D.C. 20666
Arthur L. Reuter, Esq. Greene' County Farm Bureau Attorney at Law Alfred Partridge, Secretary Sharpe's Landing East Durham, New York 12423 Gennantown, New York 12526 Algird F. White, Jr., Esq.
Town of Athens DeGraff, Foy, Conway and c/o Alan Francis Ruf, Esq. Holt-Harris Meadow, Ruf and Lalor, P.C. 90 State Street 8 Reed Street Albany, New York 12207 ,
Coxsackie, New York 12051 Noncy Spiegel, Esq.
Mr. Peter D. G. Brown Staff Counsel Chainnan State of New York Mid-Hudson Nuclear Opponents Public Service Commission P. O. Box 666 Empire State Plaza New Paltz, New York 12561 Albany, New York 12233 Ms. Rosemary S. Pooler Columbia County Survival Committee Executive Director P. O. Box 27 New York State Consumer Gennantown, New York 12526 Protection Board 99 Washington Avenue Albany, New York 12210 Edward G. Cloke, Esq.
Lewis R. Bennett, Esq. Steenberg & Cloke Assistant General lianager - 28 Second Street General Counsel Athens, New York l?015 Power Authority of the State of New York Albert K. Butzel, Esq.
10 Columbus Circle Butzel & Kass New York, New York 10019 45 Rockefeller Plaza Suite 2350 Village of Catskill New York, New York 10020 c/o Daniel K. Lalor, Esq.
Meadow, Ruf and Lalor, P.C. Edward W. Hyland, Vice President -
8 Reed Street General Counsel and Secretary Coxsackie, New York 12051 LeHigh Portland Cement Company 718 Hamilton Hall George J. Pulver, Jr., Esq. Allentown, Pennsylvania 18105 Bagley, Chadderdon, Pulver
& Stiefel William J. Spampinato, Esq.
302 Main Street Rosenberg & Spampinato P. O. Box 486 443 Warren Street Catskill, New York 12414 Hudson, New York 12534
! Citizens to Preserve the Hudson Anthony Scott, Mayor Valley Village of Athens c/o Robert J. Kafin, Esq. 93 N. Washington Street Miller, Mannix, Lemery & Athens, New York 12105 Kafin, P.C.
11 Chester Street Glenns. Falls, New York 12'801
i Mr. John Hickolitch Honorable Maurice D. Hinchey Cementon Civic Association Assemblyman-70 Short Street '
101st District Cementon, New York 12415' 68 livingston Street Saugerties, New York 12477 Jeffrey Cohan, Esq.
New York State Energy Office Dr. Meredith Thompson, Assistant Swan Street Buildina Conanissioner - Sanitary Core'1, Second Floor . Engineering Albany, New York 12223 New York State Dept. of Health Empire State Plaza liadison Avenue John Newkirk, Executive Albany, New York 12237 Assistant to the Conunissioner Dept. of Agricul ture & liarlets Honorable 11ario Cuomo, Secretary State Campus, iluilding 8 of State Alban;, New York 10007 ATTH: H. G. Williams, Division of State Planning John C. Bagley, Esq. 162 Washington Avenue Catskill Central School District Albany, l'ew York 12210 P. O. Box 486 Catskill, llew York 12414 Honorable Peter A. A. Berle, Commissioner S. C. DeLucia, Supervising Dept. of Environmental Conser-Principal for Coxsackie-Athens vation Central School District 50 Wolf Road Curtis & Warren Albany, New' York 12233 Coxsackle, New York 12051 Mr. James F. Davis Honorable Samuel J. Abate, State Geologist Executive Director Education Building Hudson River Valley Commission Albany, llew York 12224 Empire State Plaza Agency Building ill Commissioner Albany, tiew York 12238 NYS Office of Parks & Recreation l Empire State Plaza l
Eduard R. Patrick, Esq. Agency Building #1 Assistant Counsel for Energy Albany, New York 12238 l llew York State Department of l Environmental Conservation Ivan P. Vamos, Director of 50 Wolf Road Planning and Research l
Albany, New York 12233 NYS Dept. of Parks & Recreation i Empire State Plaza Mr. Paul Merges Agency Building #1 Office of Environmental Arialysis Albany, New York 12238 Dept. of Environmental Conservation Room 414 lir. Ralph Kessler P. O. Box 160
. -50 (foif Road I Albany, New York 12233 Elizaville, New York 12523 s
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Dr. Peter J. R. Juttner, Director Mr. H. Lee Davis Environmental Management Catskill Teachers Association flYS Parks & Recreation West Main Street Dnpire State Plaza Catskill, New York 12414 Alliany, llew York 12238' Peter R. Dorrelli, Executive Joseph Leggio, Chainnan Director Greene' County Legislature The Catskill Center for Conser-Court llouse .
vation and Development, Inc.
Catskill, New York 12015 River Street Hobart, New York 13788 Harry L. Palmer, Chairman Robert C. Stover, Esq.
Power Plant Counitten Norwick, Raggio, Jaffe & Kayser 30 South Franklin Street 10 East 40th Street Athens, New York 12015 New York, New York 10016 Mrs. Loretta Simon Mr. George Paul _Moran Greene County Planning Director Local 106 Box 514 International Union of Operating-Cairo,liew York 12413 Engineers 1044 Broadway Jef frey P. Englander, Esq. Albany, How York 12204 Hudson Valley District Council of Carpenters Francis W. Hilfrank, Esq.
Friedlander, Gaines, Cohen Green County Federation of Rosenthal & Rosenberg Sportsman Clubs 1140 Avenue of 1he Americas 156 Jef ferson Heights New York, New York 10036 Catskill, New York 12414
! Mr. John R. Grover Joseph V. Angiolillo, Esq.
l Administrative Office of the for Albany-Greene County City of Hudson Power Committee lludson Communily Development 25 Bergen Street and Planning Agency Brooklyn, New York 11201 32 Uarren Street Hudson, New York 12534 Ms. Mary Berner, et al.
R.D. #1, Box 40 Robert Francello, President Athens, New York 12015 Board of Education l Superintendent's Office Mr. Gerald Townley Saugerties Central Schools R.D. #1 Washington Avenue Athens, New York 12015 l
1 Saugerties, New York 12477 Honorable Kenneth Huemmer Emerson Mead, Town Supervisor Town Justice Town of Conesville Greenville, New York 12083 R.D. "1 -
Gilboa, New York
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Mr. William H. Trumpbour,'Jr. Mr. John Lenny 1795 Old Kings Highway Public Information Officer Saugerties, New York 12477 Power Authority of the State of New York Mr. David J. Krein 142 State Street Camp Creek Road Albany, New York 12207 Germantown, New York 12526
- Atomic Safety and Licensing Board Mr. & Mrs. Henry Cianfoni Panel P.O. Box 36 U.S. Nuclear Regulatory Commission Germantown, New York 12526 Washington, D. C. 20555 Mrs. William E. Foster
- Atomic Safety and Licensing Appeal Northern Boulevard Panel (5)
Germantown, New York 12526 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Conmissioner NYS Dept. of Health
- Docketing and Service Section (3)
Empire State Plaza Office of i.he Secretary Madison Avenue U.S. Nuclear Regulatory Commission Albany, New York 12237 Washington, D. C. 20555 Mr. Joaquin Fiorillo Closter Road Palisades, New York 10964 Daniel Riesel, Esq.
Winer, Neuburger & Sive 425 Park Avenue New York, New York 10022
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Stephen /H. Lewis Counsel for NRC Staff