ML032270197

Transmittal of Electronic Mail on Proprietary Withholding Request Regarding Pressure-Temperature Limit Curves

ML032270197
Person / Time
Site:	Duane Arnold
Issue date:	08/26/2003
From:	Hood D NRC/NRR/DLPM/LPD3
To:	NRC/NRR/DLPM/LPD3
References
GE-NR-A22-00100-08-01-R1, TAC MB8750
Download: ML032270197 (7)

Text

August 26, 2003 MEMORANDUM TO: File FROM: Darl S. Hood, Senior Project Manager, Section 1 /RA/

Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation

SUBJECT:

DUANE ARNOLD ENERGY CENTER TRANSMITTAL OF ELECTRONIC MAIL ON PROPRIETARY WITHHOLDING REQUEST REGARDING PRESSURE-TEMPERATURE LIMIT CURVES (TAC NO. MB8750)

On June 19, 2003, I sent the attached e-mail to the Nuclear Management Company, LLC (the licensee) regarding the Nuclear Regulatory Commission (NRC) staffs review of General Electric (GE) Report GE-NR-A22-00100-08-01-R1, Revision 1, September 2002, (Attachment 5 of the licensees letter dated May 2, 2003) and an accompanying Affidavit of Proprietary Information by GE (Attachment 6 of that same letter). The e-mail forwards the NRC staff comments for which the NRC staff was unable to conclude that certain portions of the proprietary version of the GE report qualified for withholding in accordance with 10 CFR 2.790.

This e-mail was the basis for the licensees reply by letter dated June 30, 2003, that corrected errors in the marking of proprietary information contained in the GE report and provided replacement pages for both the proprietary and non-proprietary versions of that report.

Attachment:

E-mail dated June 19, 2003

ML032270197 OFFICE PM:PD3-1 LA:PD3-1 SC:PD3-1 NAME DHood THarris LRaghavan DATE 08/25/03 08/20/03 08/25/03 From: Darl Hood To: Internet:clara.rushworth@nmcco.com; INTERNet:steve.catron@nmcco.com Date: 6/19/03 3:52PM

Subject:

Withholding Request on PT Curve Report Steve Per the attached draft comments, the NRC staff is unable to agree that some of the information claimed to be proprietary and identified for withholding qualifies for withholding based on the considerations set forth in 10 CFR 2.790(b)(4). If you wish, we can set up a conference call to discuss these draft comments before we issue our findings on the withholding request. If you agree the information is not proprietary, we will need revised pages reflecting the missing information for the non-proprietary version of the GE report. You also have the option of requesting that we return the report (and shutting the plant down September 1, 2003, once DAECs PT curves expire). The proprietary withholding issue needs to be resolved before the staff expends a significant effort on the technical review (and must absolutely be resolved before we can conclude the technical review). Obviously, we need to resolve this quickly. Let me know how you prefer to proceed.

CC: James Medoff; Jennifer Uhle; Lakshminaras Raghavan; Lambros Lois; Mary Pat Siemien ; Nihar Ray; Stephanie Coffin ATTACHMENT

Mail Envelope Properties (3EF21469.E4C : 17 : 21158)

Subject:

Withholding Request on PT Curve Report Creation Date: 6/19/03 3:52PM From: Darl Hood Created By: DSH@nrc.gov Recipients Action Date & Time clara Transferred 06/19/03 03:52PM rushworth (Internet:clara.rushworth@nmcco steve Transferred 06/19/03 03:52PM catron (INTERNet:steve.catron@nmcco.com) owf2_po.OWFN_DO Delivered 06/19/03 03:52PM SMC1 CC (Stephanie Coffin) Opened 06/20/03 07:40AM owf4_po.OWFN_DO DWS BC (Deirdre Spaulding) Opened 06/19/03 04:21PM nrc.gov ch_po.CH_DO Delivered 06/19/03 03:52PM BLB BC (Bruce Burgess) Opened 06/19/03 04:09PM GAW1 BC (George Wilson) Opened 06/20/03 07:22AM nrc.gov owf2_po.OWFN_DO Delivered 06/19/03 03:52PM JXU1 CC (Jennifer Uhle) Opened 06/19/03 05:29PM LXL1 CC (Lambros Lois) Opened 06/19/03 03:52PM NKR CC (Nihar Ray) Opened 06/19/03 03:53PM nrc.gov owf4_po.OWFN_DO Delivered 06/19/03 03:52PM JXM CC (James Medoff) Opened 06/19/03 03:52PM LXR1 CC (Lakshminaras Raghavan) Opened 06/19/03 03:59PM nrc.gov owf5_po.OWFN_DO Delivered 06/19/03 03:52PM MPS CC (Mary Pat Siemien)

Post Office Delivered Route clara Internet:nmcco.com steve INTERNet:nmcco.com

owf2_po.OWFN_DO 06/19/03 03:52PM owf4_po.OWFN_DO Pending ch_po.CH_DO 06/19/03 03:52PM nrc.gov owf2_po.OWFN_DO 06/19/03 03:52PM nrc.gov owf4_po.OWFN_DO 06/19/03 03:52PM nrc.gov owf5_po.OWFN_DO 06/19/03 03:52PM nrc.gov Files Size Date & Time withholding.wpd 4763 06/19/03 03:19PM MESSAGE 1459 06/19/03 03:52PM Options Auto Delete: No Expiration Date: None Notify Recipients: Yes Priority: Standard Reply Requested: No Return Notification: None Concealed

Subject:

No Security: Standard To Be Delivered: Immediate Status Tracking: Delivered & Opened

NRC STAFF COMMENTS REGARDING GES PROPRIETARY CLAIM BY AFFIDAVIT (ATTACHMENT 6 TO NMCS LETTER DATED MAY 2, 2003)

References:

(1) GE Report GE-NE-A22-00100-08-01-R1, Revision 1, September 2002 (Attachment 5 of NMCs letter dated May 2, 2003).

(2) GE Report GE-NE-A22-00100-08-01, Revision 0, September 2000 (Attachment 6 of NMCs letter dated October 16, 2000).

The NRC staff has reviewed Reference 1 with respect to GEs affidavit for proprietary withholding of certain information from public disclosure (attachment 6 of NMCs letter dated May 2, 2003). For this review, the NRC staff has used the considerations set forth in Subsection (b)(4) to 10 CFR 2.790. The NRC staff is unable to conclude that the following portions of the proprietary version of Reference 1 qualify for withholding:

1. Pages 20 (last two lines) and 21(lines 1-5)

This information does not appear to be of a type customarily held in confidence and is available in public sources (see page 4 of Enclosure 2 to the NRC staffs letter, Duane Arnold Energy Center - Issuance of Amendment Re: Revised Pressure-Temperature Curves, dated April 30, 2001).

2. Page 24 In the first paragraph of Section 4.3.2.1.1, the marginal line identifying that all of this paragraph is proprietary is inconsistent with the non-proprietary version containing a significant portion of this text.

3. Page 26 The information at the top of the page identified by the upper marginal line as being proprietary is available in a public source (see page 23 of Reference 2 and page 24 of the non-proprietary version of Reference 1). Also, the upper marginal line is not properly aligned with the deleted and undeleted text shown in the non-proprietary version.

4. Page G-2 The first paragraph consists solely of information of a fundamental, text-book nature that is commonly known throughout the nuclear industry. Such information does not qualify for withholding.

The second and third paragraphs consist of information of a type not customarily held in confidence. The basic methodology used by a licencee for flux calculations, including a licensees use of NRC staff guidance, is typically identified in a non-proprietary NRC staff safety evaluation discussing whether or not acceptable methodology has been used.

5. Page G-10 It is not apparent to the NRC staff on what basis the identification of references such as approved topical reports and NRC staff guidance documents should be withheld from public disclosure.