ML20004C555

Affidavit That Info from Union Carbide Corp on Future Air Separation Facilities Production & Plant Additions Is Given to Util in Confidence & Under Obligation to Maintain Confidentiality

ML20004C555
Person / Time
Site:	Bailly
Issue date:	05/26/1981
From:	Messenger A NORTHERN INDIANA PUBLIC SERVICE CO., UNION CARBIDE CORP.
To:
Shared Package
ML20004C549	List: ML20004C548 ML20004C550 ML20004C551 ML20004C552 ML20004C553 ML20004C555 ML20004C558 ML20004C563
References
NUDOCS 8106040272
Download: ML20004C555 (2)

Text

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ATTACHMENT 5 STATE OF hTJ YORK )

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COUNTY OF NEW YORK)

AFFIDAVIT The undersigned, Archie A. Messenger, being duly sworn upon his oath, deposes and says:

1.

That he is a Senior Attorney of Union Carbide Corporation (Union Carbide) and as such is authorized to make this affidavit for and on behalf of said corporation.

2.

That Union Carbide is a New York Corporation with its principal offices at 270 Park Avenue, New York, New York and is

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i engaged in the business of producing industrial gases and reisted j,

products.

3.

That Union Carbide owns and operates three major air separation facilities located in the Calumet Area of Indiana (known i

as the East Chicago, Lakeside and Burns Harbor plants) which serve l :

the oxygen, nitrogen and argon requirements of the areas steel mills.

4 4.

That in the process of producing industrial gases Unicn Carbide purchases large quantities of electrical energy froc

h Northern Indiana Public Service Cocpany (NIPSCO).

S.

That from time to ' time Union Carbide has been requested I !

h to furnish informatica to NIPSCO regarding the future production plans and plant additions for new and expanded facilities in NIPSCO's b

f 8106040 P00R ORIGINAL.

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-1 service territory in order to aid and assist NIPSCO in

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determining future electrical demands on the NIPSCO system.

l 6.

That the infor: nation given to NIPSCO is not available i

to the ' general public, io considered highly confidential by Union Carbide and is given to NIPSCO under obligation to maintain its confidentiality.

7.

That to our knowledge NIPSCO has always honored the confidential treatment of such information.

8.

That disclosure of the Union Carbide infortnation could place it at a serious economic disadvantage among its competitors in the industrial gas business, who could be expected to utilize

'l, I

such information to Union Carbide's detriment in calculating i

Union Carbide's' costs of operation and strategies for maintaining t

its present markets.

l, I

Further the Affiant sayeth not.

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By: [

J STATE OF hW YORK )33:

l COUNTY OF NEW YORK)

Before ma, a Notary Public, in and for said County and State, this 26th day of May,1981, personally appeared Archie A. Messenger, j

Senior Attorney of Union Carbide Corporation and acknowledged the

'i execution of the foregoing instrument as the frea and voluntary act of said corporation and as his free and voluntary act acting for said d

corporation and swears that the statements contained in his Affidavit j

are true and correct.

t)E GIVEN under my hand and notarial seal this '

day of May, 1981.

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PUBUC

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/ pn.Dt w. mcMARDs pm,puuie,sws W New Twe A Rasident of Westchester County.

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t No. 60 3271400 f pd in hMr Cou@

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Coninusske Espares March 30,1983 1[!

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