ML20203L219
| ML20203L219 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 08/19/1986 |
| From: | Steptoe P COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE |
| To: | Berry G, Guild R BUSINESS & PROFESSIONAL PEOPLE FOR THE PUBLIC INTERES, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#386-418 OL, NUDOCS 8608250228 | |
| Download: ML20203L219 (3) | |
Text
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ISHAM, LINCOLN & BEALE
% et.ncr1 COUNSELORS AT LAW DOCKETED a
USNRC TaaEE nRsT NAToNat Ptaza CHICAGO. ILLINotS 60602 TELE PHONE 312 558-7500
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^N*558 BY MESSENGER August 19, 1986 Robert Guild, Esq.
Gregory Alan Berry, Esq.
Business and Professional People Braidwood Project for the Public Interest Region III 109 North Dearborn Street-Ste.1300 U.S. Nuclear Regulatory Commission Chicago, Illinois 60602 799 Roosevelt Road Glen Ellyn, Illinois 60137 Re:
In the Matter of Commonwealth Edison Company (BraidwoodStation, Uni {s1and2),
Docket Nos. 50-456 and 50-457 C Gentlemen:
Enclosed in response to Mr. Guild's request are the results of the Braidwood Quality Control Inspector Re-inspection Program (QCIRP) for PTL (AR003937003937- AR003946003946;
all revisions of the PTL visual weld inspection procedures (AR002433002433- AR002566002566; and the CECO correspondence directing the implementation of the overinspection program.
(AR002288002288-
AR002316002316and AR002318002318- 2324.)
Note that information relating to contractors other than PTL has been redacted from document AR003937003937- AR003946003946
I also enclose document numbers AR002191002191-
AR002287002287 which are surveillances performed at Mr. Marcus' direction to verify the accuracy of the PTL data base.
Mr.
Guild already has a copy of these.
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Robert Guild, Esq.
Gregory Alan Berry, Esq.
August 19, 1986 Page 2 Although Mr. Guild has not yet requested any other documents, we are voluntarily providing at this time certain documents which Mr. Marcus, Mr. Forrest and Mr. Frazier relied upon in preparing their rebuttal testimony, document numbers AR002317002317and AR002325002325- AR003936003936
Documents AR002318002318- AR002324002324and AR002325-2338 were erroneously stamped " privileged and con-fidential", but we do not assert any claim of privilege with respect to these specific documents.
If either of you have any further requests for documents relating to Commonwealth Edison's rebuttal testimony, please let me know.
As I emphasized to Mr. Guild on Thursday evening, we are particularly anxious to satisfy BPI and the NRC Staff that these two data bases were properly compiled, so that we do not have to spend time litigating that issue before the Licensing Board.
To that end we have made Mr. Orlov, Mr. Marcus and Mr.
Forrest available to Mr. Guild for informal discussions, and we will again make them available to BPI or to the Staff on request.
In addition, if you have any questions about Sargent & lundy's derivation of inspection points and discrepancy point figures for the CSR, Mr. Kostal is available for an interview.
If you have i
any questions about the BRIMOI and BRIMOIX, the computer programs used to compile and sort the FTL data, the programmers will be made available for an interview.
1 I---
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Robert Guild, Esq.
)
Gregory Alan Berry, Esq.
f August 19, 1986 Page 3 The accuracy of the data bases can, of course, be verified directly by comparing the computer printouts in Commonwealth Edison's rebuttal testimony (or other printouts generated from the data bases) to the PTL, CSR and Comstock inspection records, S&L worksheets, and other documents avail-able to BPI and the NRC Staff at the Braidwood site.
Finally, I enclose affidavits of nondisclosure executed by Fred Forrest, Tony Frazier and Charles Rufo, all of PTL.
Mr.
Marcus gave these individuals a list of 24 names for purposes of producing the printout identified in his testimony as Attach-ment 2C (Marcus-4).
While no one has told these P~L individuals the significance of this list, I believe they have guessed.
They have informed me that they have not discussed and will not discuss this matter with anyone else.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
- g E : -5 P3 56 ATOMIC SAFETY AND LICENSING BOARD Before Adminis,trative Judges:
- ; g,f.
Herbert Grossman, Chairman Richard F. Cole gg':" ' g ",
" I.,, _;W A. Dixon Callihan y
In the Matter of
)
Docket Nos. 50-456
)
50-457
)
COMMONWEALTH EDIS0N COMPANY
)
)
)
(Braidwood Station,
)
Unit Nos. I and 2)
)
December 6, 1985
_)
PROTECTIVE ORDER In accordance with the Licensing Board's October 4,
- 1985, Memorandum and Order (Granting Protective Order),
it is hereby ordered that confidential treatment will, be afforded information to be disclosed by Intervenors to Applicant and the NRC Staff in accordance with the following conditions:
1.
Confidential treatment will be afforded by this protec-tive order to " confidential information," meaning the
4 7 names and otherwise identifying information regarding certain prospective witnesses on Intervenors' Quality Assurance contention (unless such information was obtained from a source other than Intervenors or their counsel).
Such protection applies to the eleven present and former L. K.
Comstock QC inspectors who sought such protection in Intervenors' Motion for Confidential Treatment of Eleven QC Inspector Names filed on August 2,
1984. and, as necessary, to their prospective witnesses to be identified by intervenors at a later date.
2.
Such confidential information shall not be disclosed to any person except as permitted by the provisions of this order.
3.
Persons who receive confidential information subject to this Protective Order shall use it solely for the pur-pose of preparing for and participating in this pro-ceeding.
l l
j 4.
Confidential infortration shall be disclosed strictly on a "need to know" basis as required for participation by a party. in the proceeding.
Each person (except as I
exempted by this paragraph) to whom confidential t
i
. j information is to be disclosed shall execute the Affidavit of Nondisclosure attached hereto acknowledging his or her obligation to be bound by this Protective Order.
These Affidavits shall be filed with the Licensing Board and served on Intervenors by the party on whose behalf the disclosure is to be made.
Members of the NRC Staff who are (1) assigned to the Office of Executive Legal Director (ELD), or (2) are non-ELD officials acting as reviewers when receiving the information and having no contact with Applicant's employees, need not file affidavits.
They
- shall, nevertheless, be bound by the other terms of this Protective Order and are otherwise prohibited from making unauthorized disclosures of protected informa-tion under 10 C.F.R. Part 0, Subpart C and NRC Manual Appendix 2101.
5.
Prior to the disclosure of confidential information to any person (other than disclosure by NRC personnel to other NRC personnel necessary to the review or regula-tory function), Applicant or the NRC Staff shall notify Intervenors' counsel of its intention to make such disclosure and of the identity of the person to whom such disclosure is to be made.
Intervenors shall have the opportunity to object to such disclosure provided M
y
-a-T such objection is made as quickly as possible, but in no event later than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> after receipt of such notice.
6.
Any person (even if not required to sign the affidavit) who has reason to believe that documents including con-fidential information have been lost or misplaced or any person who has reason to believe that the terms and conditions of this Protective Order have been violated i
shall notify the Board.
FOR THE ATOMIC SAFETY AND LICENSING BOARD h4 YWa+
^
Herbert Grosiman, Gairman ADMINISTRATIVE JUDGE Dated this 6th day of December, 1985.
UNITED STATES OF AMERICA g
NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Herbert Grossman, Chairman Richard F. Cole A. Dixon Callihan
)
In the Matter of
)
Docket Nos. 50-456
)
50-457
)
COMMONWEALTH EDISON COMPANY
)
)
)
(Braidwood Station,
)
Unit Nos. I and 2)
)
)
_ AFFIDAVIT OF NONDISCLOSURE I, T C_. k& A 2 i ca__
, being duly sworn, 9
state that I have read and uncerstand the attached Protec-tive Order entered by the Atomic Safety and Licensing Board in the above-captioned proceeding.
I acknowledge receipt of a copy of that Protective Order, and I agree to be bound by all of the terms and conditions of the Protective Order.
I further understand that employees of Applicant and its contractors at the Braidwood Station are protected by
O law from any and all discrimination in the terms and condi-tions of their employment because of their participation in this licensing proceeding.
Such participation includes cooperation with Intervenors or the presentations of testi-mony as witnesses.
The United States Department of Labor and the United States Nuclear Regulatory Commission are authorized to investigate alleged vielations of this law.
42 U.S.C.
9 5851.
10 C.F.R. 9 50.7.
Signed and sworn to before m sL5A
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W UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 85 E -5 P3:56 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
" - ' gl,,.3 p -
Herbert Grossman, Chairman Richard F. Cole SET...
.' 1c3r.
~-
A. Dixon Callihan
__ )
In the Matter of
)
Docket Nos. 50-456
)
50-457
)
COMMONWEALTH EDISON COMPANY
)
)
)
(Braidwood Station,
)
Unit Nos. I and 2)
)
December 6, 1985
-)
PROTECTIVE ORDER In accordance with the Licensing Board's October 4,
- 1985, Memorandum and Order (Granting Protective Order),
it is hereby ordered that confidential treatment will be afforded information to be disclosed by Intervenors to Applicant and the NRC Staff in accordance with the following conditions:
1.
Confidential treatment will be afforded by this protec-tive order to " confidential information," meaning the l
e
. names and otherwise identifying information regarding certain prospective witnesses on Intervenors' Quality Assurance contention (unless such information was obtained from a source other than Intervenors or their counsel).
Su~ch protection applies to the eleven present and former L. K.
Comstock QC inspectors who sought such protection in Intervenors' Motion for Confidential Treatment of Eleven QC Inspector Names filed on August 2,
1984. and, as necessary, to their prospective witnesses to be identified by intervenors at a later date.
2.
Such confidential information shall not be disclosed to any person except as permitted by the provisions of this order.
3.
Persons who receive confidential information subject to this Protective Order shall use it solely for the pur-pose of preparing for and participating in this pro-ceeding.
4.
Confidential inforrration shall be disclosed strictly on a "need to know" basis as required for participation by a party, in the proceeding.
Each person (except as exempted by this paragraph) to whom confidential
l
.,,..g information is to be disclosed shall execute the Affidavit of Nondisclosure attached hereto acknowledging his or her obligation to be bound by this Protective Order.
These Affidavits shall be filed with the Licensing Board and served on Intervenors by the party on whose behalf the disclosure is to be made.
Members of the NRC Staff who are (1) assigned to the Office of Executive Legal Director (ELD), or (2) are non-ELD officials acting as reviewers when receiving the information and having no contact with Applicant's employees, need not file affidavits.
They
- shall, nevertheless, be bound by the other terms of this Protective Order and are otherwise prohibited from making unauthorized disclosures of protected informa-tion under 10 C.F.R. Part 0, Subpart C and NRC Manual Appendix 2101, 5.
Prior to the disclosure of confidential information to any person (other than disclosure by NRC personnel to other NRC personnel necessary to the review or regula-tory function), Applicant or the NRC Staff shall notify Intervenors' counsel of its intention to make such disclosure and of the identity of the person to whom such disclosure is to be made.
Intervenors shall have the opportunity to object to such disclosure provided i
i 4
h such objection is made as quickly as possible, but in no event later than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> after receipt of such notice.
6.
Any person (even if not required to sign the affidavit) who has reason to believe that documents including con-fidential information have been lost or misplaced or any person who has reason to believe that the terms and conditions of this Protective Order have been violated shall notify the Board.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
+
tw<bu+
HerFirt Grossmin, MIIrman ADMINISTRATIVE JUDGE Dated this 6th day of December, 1985.
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I
"g UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Herbert Grossman, Chairman Richard F. Cole A. Dixon Callihan In the Matter of
)
Docket Nos. 50-456
)
50-457
)
COMMONWEALTH EDISON COMPANY
)
)
)
(Braidwood Station,
)
Unit Nos. I and 2)
)
)
AFFIDAVIT OF NONDISCLOSURE I,
AELCJ__
Ofo
, being duly sworn',
state that I have read and unoerstand the attached Protec-tive Order entered by the Atomic Safety and Licensing Board in the above-captioned proceeding.
I acknowledge receipt of a copy of that Protective Order, and I agree to be bound by all of the terms and conditions of the Protective Order.
I further understand that employees of Applicant and its contractors at the Braidwood Station are protected by
f law from any and all discrimination in the terms and condi-tions of their employment because of their participation in this licensing proceeding.
Such participation includes cooperation with Intervenors or the presentations of testi-mony as witnesses.
The United States Department of Labor and the United States Nuclear Regulatory Commission are authorized to investigate alleged violations of this law.
42 U.S.C. 9 5851.
10 C.F.R. 5 50.7.
Signed and sworn y
('AgAL QPub%g Notfry ic My c ommi s s i o n e x p i re s __/_f_g/f7.
'6 199y t
V UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'85 r'.'. -5 P3 ::o-AT0ftIC SAFETY AND LICENSING 80ARD Before Administrative Judges:
"' ' gj,,,.p -
Herbert Grossman, Chairman Richard F. Cole SEE.- DEC i' M ' ~.
~D-A. Dixon Callihan
)
In the Matter of
)
Docket Nos. 50-456
)
50-457
)
COMMONWEALTH EDISON COMPANY
)
)
)
(Braidwood Station,
)
Unit Nos. I and 2)
)
December 6, 1985
-)
PROTECTIVE ORDER In accordance with the Licensing Board's October 4,
- 1985, Memorandum ar.d Order (Granting Protective Order),
it is hereby ordered that confidential treatment will be afforded information to be disclosed by Intervenors to Applicant and the NRC Staff in accordance with the following conditions:
1.
Confidential treatment will be afforded by this protec-tive order to " confidential information," meaning the t
2
)
names and otherwise identifying information regarding certain prospective witnesses on Intervenors' Quality Assurance contention (unless such information was obtained from a source other than Intervenors or their counsel).
Such protection applies to the eleven present and former L. K.
Comstock QC inspectors who sought such protection in Intervenors' Motion for Confidential Treatment of Eleven QC Inspector Names filed on August 2,
1984, and, as necessary, to their prospective witnesses to be identified by intervenors 1
at a later date.
2.
Such confidential information shall not be disclosed to any person except as permitted by the provisions of this order, i
3.
Persons who receive confidential information subject to this Protective Order shall use it solely for the pur-i
)
pose of preparing for and participating in this pro-
- ceeding, 4.
Confidential infortration shall be disclosed strictly on 4
a "need to know" basis as required for participation by a
party, in the proceeding.
Each person (except as exempted by this paragraph) to whom confidential m,
. _.. ~
' E information is to be disclosed shall execute the Affidavit of Nondisclosure attached hereto acknowledging his or her obligation to be bound by this
~
Protective Order.
These Affidavits shall be filed with the Licensing Board and served on Intervenors by the party on whose behalf the disclosure is co be made.
Members of the NRC Staff who are (1) assigned to the Office of Executive Legal Director (ELD), or (2) are non-ELD officials acting as reviewers when receiving the information and having no contact with Applicant's employees, need not file affidavits.
They
- shall, nevertheless, be bound by the other terms of this Protective Order and are otherwise prohibited from making unauthorized disclosures of protected informa-tion under 10 C.F.R. Part 0, Subpart C and NRC Manual Appendix 2101.
J 5.
Prior to the disclosure of confidential information to any person (other than disclosure by NRC personnel to other NRC personnel necessary to the review or regula-tory function), Applicant or the NRC Staff shall notify Intervenors' counsel of its intention to make such disclosure and of the identity of the person to whom such disclosure is to be made.
Intervenors shall have the opportunity to object to such disclosure provided
-a.
f such objection is made as quickly as possible, but in no event later than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> after receipt of such notice.
6.
Any person (even if not required to sign the affidavit) who has reason to believe that documents including con-fidential information have been lost or misplaced or any person who has reason to believe that the terms and conditions of this Protective Order have been violated shall notify the Board.
FOR THE ATOMIC SAFETY AND LICENSING BOARD h6 iMw" Herbert Grossman, Chairman ADMINISTRATIVE JUDGE Dated this 6th day of December, 1985.
a UNITED STATES OF AMERICA I.
NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Herbert Grossman, Chairman Richard F. Cole A. Dixon Callihan
)
In the Matter of
)
Docket Nos. 50-456
)
50-457
)
COMMONWEALTH EDISON COMPANY
)
)
)
(Braidwood Station,
)
Unit Nos. I and 2)
)
)
AFFIDAVIT OF NONDISCLOSURE s __
I, _ _ S h b,Y o M t t s '
, being duly sworn, state that I have read and understand the attached Protec-tive Order entered by the Atomic Safety and Licensing Board in the above-captioned proceeding.
I acknowledge receipt of a copy of that Protective Order, and I agree to be bound by all of the terms and conditions of the Protective Order.
I further understand that employees of Applicant and its contractors at the Braidwood Station are protected by
law from any and all discrimination in the terms and condi-tions of their employment because of their participation in this licensing proceeding.
Such participation includes cooperation with Intervenors or the presentations of testi-mony as witnesses.
The United States Department of Labor and the United States Nuclear Regulatory Commission are authorized to investigate alleged violations of this law.
42 U.S.C. 9 5851.
10 C.F.R. 9 50.7.
Signed and sworn jd o
before m this I6 b
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NotMry FuE ic Mycommissionexpires_/b/M/((
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