ML020540005

General Electric Company, Request for Withholding Information from Public Disclosure, RAI 5-13, 5-15, 5-17b and 5-25(a), TAC Nos. MB2700 and MB2701

ML020540005
Person / Time
Site:	Brunswick
Issue date:	02/22/2002
From:	Hansen A NRC/NRR/DLPM/LPD2
To:	Robare D General Electric Co
Hansen A, NRR/DLPM, 415-1390
References
TAC MB2700, TAC MB2701
Download: ML020540005 (5)

Text

Mr. David J. Robare February 22, 2002 Technical Projects Manager Technical Services General Electric Company 175 Curtner Avenue San Jose, CA 95125

SUBJECT:

GENERAL ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BRUNSWICK STEAM ELECTRIC PLANT UNITS 1 AND 2 (TAC NOS. MB2700 AND MB2701)

Dear Mr. Robare:

By letter dated January 24, 2001, Carolina Power & Light Company (CP&L) submitted affidavits dated January 11, and 14, 2002, executed by you, requesting that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

Response to Request For Additional Information (RAI) 11-7, 11-8, 11-9, 11-12, 11-13, 11-18, and 11-19.

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission (NRC) public document room and added to the Agencywide Documents Access and Management Systems Publicly Available Records System (ADAMS PARS) Library. The request for withholding the response to RAI 5-13, 5-15, 5-17b, and 5-25(a) from public disclosure will be evaluated separately.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(4)a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electrics (GEs) competitors without license from GE constitutes a competitive economic advantage over other companies.

(4)b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

(8) The information identified is classified as proprietary because it contains responses containing or based on detailed results of analytical models, methods, and processes, including computer codes. The development of this methodology is derived from extensive GE experience which constitutes a major GE asset.

(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GE's

D. Robare comprehensive boiling-water reactor safety and technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.

The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GE.

The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

GEs competitive advantage will be lost if its competitors are able to use the results of the GE experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to GE would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the submitted documents marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

D. Robare If you have any questions regarding this matter, I may be reached at (301) 415-1390.

Sincerely,

/RA by J. Goshen Acting for/

Allen G. Hansen, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-325 and 50-324 cc: See next page

D. Robare If you have any questions regarding this matter, I may be reached at (301) 415-1390.

Sincerely,

/RA by J. Goshen Acting for/

Allen G. Hansen, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-325 and 50-324 cc: See next page DISTRIBUTION PUBLIC EDunnington (Hard Copy) BBonser, RII PDII R/F AHansen HBerkow RCorreia MPSiemien, OGC ADAMS Accession Number:ML020540005 OFFICE PDII-2/PM PDII-2/LA OGC PDII-2/SC NAME JGoshen for AHansen EDunnington MPSiemien KJabbour for RCorreia DATE 02/04/02 02/5/02 02/12/02 02/14/02 OFFICIAL RECORD COPY

Carolina Power & Light Company Brunswick Steam Electric Plant Units 1 and 2 cc:

Mr. William D. Johnson Ms. Margaret A. Force Vice President and Corporate Secretary Assistant Attorney General Carolina Power & Light Company State of North Carolina Post Office Box 1551 Post Office Box 629 Raleigh, North Carolina 27602 Raleigh, North Carolina 27602 Mr. Donald E. Warren Mr. Robert P. Gruber Brunswick County Board of Commissioners Executive Director Post Office Box 249 Public Staff - NCUC Bolivia, North Carolina 28422 Post Office Box 29520 Raleigh, North Carolina 27626-0520 Resident Inspector U.S. Nuclear Regulatory Commission Mr. C. J. Gannon 8470 River Road Director - Site Operations Southport, North Carolina 28461 Carolina Power & Light Company Brunswick Steam Electric Plant Mr. John H. ONeill, Jr. Post Office Box 10429 Shaw, Pittman, Potts & Trowbridge Southport, North Carolina 28461 2300 N Street, NW.

Washington, DC 20037-1128 Mr. Norman R. Holden, Mayor City of Southport 201 East Moore Street Mr. Mel Fry, Director Southport, North Carolina 28461 Division of Radiation Protection N.C. Department of Environment Mr. Dan E. Summers and Natural Resources Emergency Management Coordinator 3825 Barrett Dr. New Hanover County Department of Raleigh, North Carolina 27609-7721 Emergency Management Post Office Box 1525 Wilmington, North Carolina 28402 Mr. W. C. Noll Plant Manager Mr. Terry C. Morton Carolina Power & Light Company Manager Brunswick Steam Electric Plant Performance Evaluation and Post Office Box 10429 Regulatory Affairs CPB 7 Southport, North Carolina 28461 Carolina Power & Light Company Post Office Box 1551 Public Service Commission Raleigh, North Carolina 27602-1551 State of South Carolina Post Office Drawer 11649 Mr. Leonard R. Beller Columbia, South Carolina 29211 Manager - Regulatory Affairs Carolina Power & Light Company Mr. J. S. Keenan, Vice President Brunswick Steam Electric Plant Brunswick Steam Electric Plant Post Office Box 10429 Carolina Power & Light Company Southport, North Carolina 28461 Post Office Box 10429 Southport, North Carolina 28461