ML20005C160

Motion to Allow Westinghouse to Adduce Further Info by Submitting Testimony of Persons Directly Involved in Sleeving Process & to Issue Stay of Effectiveness of Any Order Authorizing Public Disclosure.Certificate of Svc Encl

ML20005C160
Person / Time
Site:	Point Beach
Issue date:	11/12/1981
From:	Davis F WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20005C157	List: ML20005C156 ML20005C158 ML20005C160
References
NUDOCS 8111180486
Download: ML20005C160 (5)

Text

's 3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION COLKETED USNPC Before the Atomic Safety and Licensina Board

'81 NOV 16 P12:30 In the Matter of ) c ;F SECRETARY

) ,,.I11:% & SERVICE WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266 ERANCH

) 50-301 (Point Beach Nuclear Plant, Units ) (0L Amendment) $

1 and 2) )

MOTION Pursuant to 10 CFR 52.730 (1981), Westinghouse Electric Corporation (Westinghouse) hereby petitions the Board in ,this proceeding to:

1) allow Westinghouse to adduce further information by submitting testimony (by affidavit (s) or otherwise) of persons, inter alia.,

directly involved in developing the sleeving processes and related testing procedures should it be inclined to grant Decade's Motion for public disclosure of proprietary information; or, in the alter-native, order that additional pleadings be allowed, or conduct a telephone conference to address chis matter further; and 2) issue a stay in the effectiveness of any order authorizing public dis-closure of any proprietary informatiort so claimed by Westinghouse pending appeal to the Atcmic Safety and Licensing Appeal Board.

Westinghouse propounds these grounds (numbered to correspond to the relief requested above) for the re' lief herein sought: 1) 0111180486 811112 PDR ADOCK 05000266 C PDR

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. , . 4l Zn the affidavits of Robert A. Wiesemann, Westinghouse has attempted in good faith to make the showings required by 10 CFR 52.790(b)(4)(1981) within the abbreviated schedule used in this proceeding without using proprietary information, end believes that the showings have been adequate.

In view of the decision to be made by the Board, Westinghouse is preparing to provide proprietary information pursuant to 10 CFR 52.790(b)(1)(ii)

(1981) to the Commission regarding cost data, competitors' ease or dif-ficulty in acquiring or duplicating the same information, and two questions raised by the Board which were brought to our attention for the first time today: 1) "the extent to which the parts of the sleeving process are unusual, and therefore especially valuable to Westinghouse, and 2) a repre-sentation as to the market, that is, how they [ Westinghouse] would be harmed by the release of the information." (Tr.95). For this purpose, Westinghouse-needs a brief period to prepare and present the data. 2) A stay is required because once Westinghouse proprietary data is disclosed publicly, it cannot be retrieved even if a subsequent decision were to be in its favor. This would work a grave harm on Westinghouse's competitive position. In contrast, the harm borne by Decade by a continuance of the existing protective order pending appeal would be non-existent. Were a stay pending appeal to the Appeal Board granted, Decade only would have been delayed in disseminating theinformationmorebroadly.M This line of reasoning is not a foreign one to the Board (Tr. 454), and we believe militates in favor of the temporary stay as requested.

As matters now stand, the proprietary information in question is in the possession of the Board, parties, and some interested non-parties (see footnote 1 of Westinghouse's Answer filed this date). The only interested persons not in possession of'the information are Westinghouse competitors.

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i For the foregoing reasons, W6.stinghouse urges that the relief prayed.for be granted. ,

Francis X. Davis Counsel for Westinghouse Electric Corporation, Appearing Specially Dated: November 12, 1981 O

J UNITED STATES OF AMERICA nyr.ETED 4

• NUCLEAR REGULATORY COMMISSION - USNBC Before the Atomic Safety and Licensino Board

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W In the Matter of ) ,g gCRETg 5gg

) ,t/cGE1 gca WISCONSIN ELECTRIC POWER COMPANY ) Docket Nos. 50-266

) 50-301 (Point Beach Nuclear Plant, Units ) (OLAmendment) 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of SPECIAL APPEARANCE OF WESTINGHOUSE ELECTRIC CORPORATION; NOTICE OF APPEARANCE OF' FRANCIS X. DAVIS; ANSWER OF WESTINGHOUSE ELECTRIC CORPORATION, APPEARING SPECIALLY, TO DECADE MOTION FOR PUBLIC DISCLOSURE OF PROPRIETARY INFORMATIUN; and MOTION in the above-captioned proceeding have been served on those shown on the Service List by deposit in the United States mail, first class this 12th day of November 1981.

k~.a Francis X Davis Counsel for Westinghouse Electric Corporation, Appearing Specially Dated: November 12, 1981 k

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, _, SERVICE LIST Peter B. Bloch, Chairman Atomic Safety and Licensing Appeal Administrative Judge Board Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Panel Washington, D.C. 20555 U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel Dr. Hugh C. Paxton U. S. Nuclear Regulatory Commission Administrative Judge Washington, D.C. 20555 1229 - 41st Street Los Alamos, New Mexico 87544 Docketing and Service Section Office of the Secretary Dr. Jerry R. Kline U. S. Nuclear Regulatory Commission Administrative Judge Washington, D.C. 20555 Atomic Safety and Licensing Board .

Panel Bruce Churchill, Esq.

U. S. Nuclear Regulatory Commission Gerald Charnoff, Esq.

Washington, D.C. 20555 Shaw, Pittman, Potts & Trowbridge 1800 M Street N.W.

Kathlein M. Falk, Esq. Washington, D.C. 20036 Wisconsin's Environmental Decade 114 North Carroll Street Madison, Wisconsin 53703 Stuart A. Treby, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Francis X. Davis, Esq.

Westinghouse Electric Corporation, Appearing Specially P. O. Box 355 Pittsburgh, PA 15230

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