ML20150C566

Forwards Nonproprietary Version of WCAP 11765 Re Steam Generator Tube Plugging Margin Analysis,In Response to New England Coalition on Nuclear Pollution Motion Seeking Production & Disclosure of Rept.W/Certificate of Svc

ML20150C566
Person / Time
Site:	Seabrook
Issue date:	03/11/1988
From:	Cowan B ECKERT, SEAMANS, CHERIN & MELLOTT, WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harbour J, Luebke E, Wolfe S Atomic Safety and Licensing Board Panel
References
CON-#188-5848 OL-1, NUDOCS 8803210095
Download: ML20150C566 (5)

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gg March 11, 1988 Administrative Judge Sheldon J. Wolfe, Esq.

l Judge Emmeth A. Luebke Dr. Jerry Harbour Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washing ton , D.C. 20555 l

Gentlemen:

1 1 Re: In the Matter of Public Service Company of New Hampshire, et al. (Seabrook Station, Docket No. 50-443OL-1-[M, Units 1 and 2):

Onsite Emergency Planning & Technical Issues -

Westinghouse Proprietary Document As you are aware, the New England Coalition on Nuclear Pollution (NECNP) filed a motion in this proceeding against the Applicants seeking production and disclosure of a Westinghouse proprietary document, identified as Villasor, A. P., Jr. "Steam Generator Tube Plugging Margin Analysis for Seabrook Nos. 1& 2 i

Nuclear Power Plants", WCAP 10413 (Proprietary), Westinghouse Nuclear Energy Systems, Pittsburgh, Pennsylvania, November 1983. Westinghouse is furnishing a non-proprietary version of this report to the Applicants who, in turn, will provide a copy l

of that non-proprietary version to representatives of NECNP. For the convenience of the Board, we are enclosing with this letter for each Board member a copy of the non-proprietary version which bears the designation WCAP 11765.

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Messrs. Wolfe, Luebke and Harbour Atomic Safety and Licensing Board Panel March 11, 1988 .

At the time the proprietary document (WCAP 10413) was written in 1983, Westinghouse identified those portions of the document which were proprietary. Since no copy of the document, either proprietary or non-proprietary, was being furnished to the Nuclear Regulatory Commission or to anyone with whom Westinghouse did not have a non-disclosure agreement, a non-proprietary version of the document was not prepared at that time. After Westinghouse became aware of the Motion to Compel filed by NECNP seeking production of this document, Westinghouse re-reviewed the document to determine whether, and to what extent, the informa-tion previously identified in 1983 as proprietary in the document remained proprietary as of early 1988. That review was made against the standards and in accordance with the procedures long-established by Westinghouse for making determinations as to what constitutes proprietary information. As a result of this review, it was determined that approximately twenty-five percent of the information in the origina.1 document which had been identified as proprietary no longer was proprietary as of March 1988. Thus, the non-proprietary version (WCAP 11765) of the report which is being provided to NECNP and the Board reflects the results of this current review and assessment by Westinghouse.

As we stated in the Motion of Westinghouse Electric Corporation, Appearing Specially, for an Extension of Time dated February 22, 1988, the Applicants and Westinghouse remain willing to provide the proprietary version of the document to NECNP upon the signing of an appropriate non-disclosure agreement by NECNP. Signing such an agreement would be without prejudice to NECNP to contest before the Commission any questions which it seeks to raise as to production and disclosure of the document.

For the Board's information, we also are enclosing with this letter a copy of the proposed non-disclosure agreement which will be furnished by Westinghouse, through the Applicants, to NECNP.

As we understand the Board Order, which was read to us on the telephone on Wednesday, March 9, 1988, by the secretary to Judge Wolfe, there currently is no motion outstanding to compel production of the proprietary version of the Westinghouse report. We are hopeful that by furnishing the non-proprietary version of the report, NECNP will not have a need to seek the proprietary version. We also are hopeful that if NECNP still desires to review the proprietary version of the report after it has reviewed the non-proprietary version, its representatives will be willing to sign the non-disclosure agreement which would enable us to furnish the document to them without further delay. However, if NECNP subsequently decides to file a motion

Messrs. Wolfe, Luebke and Harbour Atomic Safety and Licensing Board Panel March 11, 1988 to compel against Westinghouse, we will, of course, respond at that time with the appropriate pleadings.

We also want to make the Board aware of the fact that if a Motion to Compel is filed, Westinghouse is prepared to verify by affidavit its proprietary determinationa with regard to the information identified in the report as confidential.

That affidavit will review the criteria which Westinghouse uses in making proprietary determinations, and will discuss .he appli-cation of those criteria to identify proprietary information in the report.

A copy of this letter is being served on the entire service list in this proceeding. Copies of the enclosures, however, are being furnished only to the Board, the NRC Staff, the Applicants, and through the Applicants to NECNP.

Very truly yours, l Barton Z. Cowan Counsel for Westinghouse Electric Corporation BZC:BB i Enclosures l cc: Service List

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UWkt Te Wa 15 P3 :27 CERTIFICATE OF SERVICE

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00CKEIN >'L'M I, Barton Z. Cowan, one of the attorneys forMWestinghouse Electric Corporation, hereby certify that on March 10, 1988, I made service of the within documents by mailing copies thereof, first class postage prepaid, to:

• Administrative Judge Sheldon J. Stephen E. Merrill, Esq.

Wolfe, Esq., Chairman Attorney General Atomic Safety and Licensing George Dana Bisbee, Esq.

Board Panel Assistant Attorney General 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 Board Panel Atomic Safety and Licensing 5500 Friendship Boulevard Board Panel Apartment 1923N U.S. Nuclear Regulatory 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.

Ropes & Gray Harmon & Weiss 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 P.O. Box 516 Atomic Safety and Licensing Manchester, NH 03105 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 i

)

Paul McEachern, Esq. Carol S. Sneider, Esq.

Matthew T. Brock, Esq. Assistant Attorney General Shaines & McEachern Department of the Attorney 25 Maplewood Avenue General P.O. Box 360 One Ashburton Place, 19th Fir.

Portsmouth, NH 03801 Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth NH 03801 Senator Gordon J. Humphrey U.S. Senate Mr. Angie Machiros 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 Agency Town Hall - Friend Street 500 C Street, S.W. Amesbury, MA 01913 Washington, D.C. 20472 Brentwood Board of Selectmen Gary W. Holmes, Esq. RFD Dalton Road 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 H;use Judith H. Mizner, Esq.

Post Office Square Silverglate, Ger*ner, Baker, Boston, MA 02109 Fine, Good & F :Ter 88 Broad Street l Mr. Thomas F. Powers, III Boston, MA 02110 l Town Manager, Town of Exeter l 10 Front Street l Exeter, NH 03833 1

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