ML061140308

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Ltr from J. Gutierrez, Morgan Lewis to S. Brock Requesting to Withhold Material from Public Disclosure That FENOC Has Submitted in Regards to the OI Case 3-2002-006 and Affidavit of Robert Schrauder
ML061140308
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 01/31/2006
From: Gutierrez J
Morgan, Morgan, Lewis & Bockius, LLP
To: Brock S
NRC/OGC
References
RAS 06-00047 3-2002-006
Download: ML061140308 (8)
v • d • e


Text

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Morgan, Lewis & BockiUS LL Mir U i

-1 1111 Pennsylvania Avenue, NW M WYashington, DC 20004 c 0 U NsS E L O R S AT LA W Tel: 202:.739.3000 Fax: 202.739.3001 www.mcrganlewis.com RAS 06-00047 January 31, 2006 VIA FEDERAL EXPRESS Sara E. Brock, Esq.

Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Re: Request Under 10 CFR H 2.390 and 9.17 to Withhold Materials from Public Disclosure

Dear Ms. Brock:

In your letter to me dated November 9, 2005, you stated that the U.S. Nuclear Regulatory Commission (NRC) is in the process of reviewing, for public release, documents submitted by FirstEnergy Nuclear Operating Company (FENOC) to the NRC's Office of Investigations (OI) in the matter of NRC Investigation Case No. 3-2002-006. According to your letter, the NRC is evaluating the information disclosed by FENOC during the course of that investigation to detennine whether the information that FENOC sought to have withheld under Section 2.390(a)(4) (previously 10 C.F.R. § 2.790(a)(4)) contains trade secrets, or confidential or privileged commercial or financial information and, if so, whether such information should lie withheld from public disclosure. In your letter you requested that FENOC submit affidavits supporting its previous claims that certain information disclosed to the NRC during the above referenced investigation should be withheld from public disclosure due to its proprietary nature, as required by Section 2.390(b)(1).

Subsequently, on November 22, 2005, Mark Bezilla, Davis-Besse Nuclear Power Station (DBNPS) Site Vice President, received a similar letter from Christine Lipa, Chief of the NRC's Reactor Project Branch 4. Ms. Lipa requested FENOC to review documents it submitted to the NRC's Augmented Inspection Team (AIT) in mid-2002 as part of the NRC's investigation in'o the reactor pressure vessel head degradation at DBNPS, and to submit affidavits supporting its previous claims that certain information disclosed to NRC in those documents submitted to the AIT should be withheld from public disclosure due to their proprietary nature pursuant to Section 2.390(b)(1).

In a letter to you dated December 23, 2005, 1 explained that FENOC had conducted an initial review of documents previously submitted to 01 and the AIT and had identified those documents that may contain proprietary information. I also mentioned that vendors to FENOC are the owners of the vast majority of this potentially proprietary information, and consequently, FENCEC had asked the owners of the other documents to perform similar reviews and to supply FENCC with affidavits by mid-January 2006 for any such document that the owner determines 1-WVAJ25 17460.1

Morgan Lwis CO UN SIELO ItS AT LAW Sara E. Brock, Esq.

January 31, 2006 Page 2 should be withheld from public disclosure. Those vendor documents and supporting affidavits FENC)C will be provided under separate cover once FENOC receives them.

FENOC has now completed the review of its documents and has determined which should be withheld from public disclosure. Consequently, pursuant to the requirements set forth in 10 CFR

§§ 2._390 and 9.17, attached to this letter are:

  • Attachment I - Tables I and 2 showing the documents for which FENOC requests withholding from public disclosure under 10 CFR §§ 2.390(a)(6) and 9.1 7(a)(6) because they contain personal privacy information (no affidavit required);
  • Attachment 2 - Table 3 showing the documents for which FENOC requests withholding from public disclosure under 10 CFR §§ 2.390(a)(4) and 9.17(a)(4) because they contain trade secrets, commercial, or financial information; and
  • Attachment 3 - Affidavit of Robert W. Schrauder, Director, Performance Improvement Davis-Besse Nuclear Power Station, requesting withholding from public disclosure the FENOC documents listed in Attachment 2 because they contain trade secrets, commercial, or financial information (affidavit required).

In addition to these Attachments, enclosed please find redacted versions of the documents i.n Table, 1, 2, and 3 that FENOC requests be partially withheld from public disclosure. The enclosed redacted versions may be released for public disclosure. FENOC requests that the documents previously submitted to O0 and the AIT be withheld from public disclosure under 10 CFR § 2.390.

We hope to have the affidavits from the vendor document owners in the next several weeks.

Once FENOC receives those affidavits, we will promptly forward them to you under separate cover. Please feel free to call me if you have any questions or would like to discuss these matters further.

Sincerely, Jay M. Guti6 ez Attachments cc: Christine Lipa - Chief, Branch 4, Division of Reactor Projects I -WA/25 17460.1

Attachment 1 Table 1: INDEX OF FENOC DOCUMENTS SUPPLIED TO NRC 01 FOR WHICH PERSONAL PRIVACY TREATMENT IS REQUESTED UNDER 10 CFR §§ 2.390(a)(6) AND 9.17(a)(6)

File Name Document B~ates:0-X-i No. FIlem D bes Document Description Owner Request (Item j ~ Label

1. I 3S1-00001-00051 11/07/02 Position Paper addressing role of FENOC individuals re: RPV head issue FENOC Withhold in part
2. 2 3S2-00001-00494 FENOC Execs/Managers' documents re: personnel actions; Human Resource FENOC Withhold in part records; summaries of individual performances; copies of disciplinary letters; matrixes identifying proposed actions to take against individuals
3. 3 2S5-0001-00016 Letters sent to sixteen FENOC employees which document FENOC's personnel FENOC Withhold in part actions relative to those individuals
4. 4 2SI-00001-00107 H. Bergendahl Personnel File FENOC Withhold entirely 5 2S6-00001-00061 A. Siemaszko Personnel File FENOC Withhold entirely
6. 6 S16-00014-00027 Training on BACC and RPV Head nozzle integrity FENOC Withhold in part S16-00029-00033 S16-00057-00060 S16-00260-00297
7. 7 S16-01078 Training Workshop completion records FENOC Withhold in part S16-01120-01121
8. 192 S21-00001-00011 Report of Investigation concerning Condition Report #2000-1037 FENOC Withhold in part Page 1 of 2

Attachment 1 Table 2: INDEX OF FENOC DOCUMENTS SUPPLIED TO NRC AIT FOR WHICH PERSONAL PRIVACY TREATMENT IS REQUESTED UNDER 10 CFR §§ 2.390(a)(6) AND 9.17(a)(6)

N File Name Document Description Owner - Status

1. RSUME-A(634)pdfResumes for various FENOC personnel FENOC Withhold in part Page 2 of 2

at P. I Attachment 2 Table 3: INDEX OF FENOC DOCUMENTS SUPPLIED TO NRC 01 FOR WHICH PROPRIETARY TREATMENT IS REQUESTED UNDER 10 CFR §§ 2.390(a)(4) AND 9.17(a)(4)

No. File Name Document Bates Document Description Owner Request (item ) Label I 8 S 10-0000 1-00229 Purchase Order regarding RPV head replacement and supporting documentation FENOC Withhold entirely

2. 9 S10-00230-00420 FENOC purchase orders, procurement package, including FE presentation with cost FENOC Withhold entirely 2S3-00138-00234 calculations, and supporting documentation
3. 27 S14A-00424-00434 FENOC presentation on RPV head repair/replacement costs FENOC Withhold in part S14A-00530
4. 31 S14B-00016-00058 Contractor bid/proposal information such as work scope, schedule and cost data FENOC Withhold in part
5. 150 S14P-02222 11/30/01 E-mail from P. Goyal to A. Siemaszko re: CRDM Repair EWR 01-0462- FENOC Withhold in part 00 costs
6. 174 S14P-01098 06/26/01 E-mail between FENOC employees re: Everest VIT Video Probe System, FENOC Withhold in part ROVVER System
7. 181 S14P-02625 Davis-Besse Engineering Work Request 01-03780-00 FENOC Withhold in part
8. 182 S14P-02626-02635 09/21/01 FAX from M. McLaughlin to P. Goyal re: attached Framatome Proposal FENOC Withhold in part for Davis Besse RPV Head Lower Service Support Structure Access Openings Analysis (FRA-ANP Proposal # 4160076)
9. 185 S14S-00237-00241 Davis-Besse 12RFO Commercial Summary FENOC Withhold in part
10. 186 S14S-00067 06/26/00 E-mail from G. Beam, Framatome, to A. Wilson re: Rev. I DB 12RFO FENOC Withhold in part Commercial Summary
11. 193 SUPPI-00001- FENOC contracts for 10-12RFO: Purchase Order and contract documentation FENOC Withhold entirely 00199
12. 203 2S2-01127-01149 FENOC purchase order information FENOC Withhold entirely 2S2-01241-01264
13. 204 2S2-01150-01151 FENOC Task Authorization re: SIA FENOC Withhold in part
14. 213 2S2-00001-00071 FENOC Purchase Orders and related purchase information FENOC Withhold entirely 2S2-00079-00086
15. 216 2S2-00142-00147 FENOC Task Authorizations FENOC Withhold in part 2S2-00261-00262
16. 230 2S3-00235-00285 Documentation, including Service Agreements, purchase requisitions and FENOC Withhold in part procurement package information, re: Sargent & Lundy
17. 232 2S3-00123-00124 FENOC Contractor Estimate for Engineering Services Task Authorization to FENOC Withhold in part Sargent & Lundyv
18. 278 S14Q-072207252 12/20/01 E-mail from E. Szymanski to J. McGee re: 13RFO presentation, with FENOC Withhold in part attachment _
19. 413 S14R-00700 Budget information for DB head repairs FENOC Withhold in part Page 1 of 2

Attachment 2 Table 3: INDEX OF FENOC DOCUMENTS SUPPLIED TO NRC 01 FOR WHICH PROPRIETARY TREATMENT IS REQUESTED UNDER 10 CFR §§ 2.390(a)(4) AND 9.17(a)(4)

No. Fie Nam D en Bates Document Description Owner l Request (Item )Label

20. 428 S14R-02923-2930 FENOC internal project funding request for inspection of vessel heads FENOC Withhold in part
21. 439 S14R-03335-03338 FENOC Budget information regarding CRDM engineering work. FENOC Withhold in part
22. 446 S14R-01917-01974 10/31/01 letter from Framatome to M. McLaughlin re: associated proposal reviews FENOC Withhold in part
23. 448 S14R-01979-01985 Financial analysis of head replacement timing options FENOC Withhold in part
24. 453 S14R-02236-02244 FENOC Task authorization for PO 7076448 to Framatome FENOC Withhold in part
25. 455 S14R-02246-02251 FENOC Task authorization for PO 7076448 to Framatome FENOC Withhold in part
26. 456 S14R-02473 FENOC Task authorization for PO 7076448 to Framatome FENOC Withhold in part
27. 468 S14Q-03332-03419 Davis-Besse Outage Cost Data FENOC Withhold in part
28. 469 S14Q-03495-03521 Davis-Besse Outage Budget Data FENOC Withhold in part
29. 486 S14Q-07325-07330 12RFO Davis-Besse Cost Information FENOC Withhold entirely S14Q-07339-07350 _

Page 2 of 2

Attachment 3 AFFIDAVIT OF ROBERT W. SCHRAUDER I, Robert W. Schrauder, Director, Performance Improvement Davis-Besse Nuclear Power Station

("Davis-Besse"), state that:

1. I am authorized to execute this affidavit on behalf of FirstEnergy Nuclear Operating Company ("FENOC") and its affiliates.
2. Since March 2002, various entities within the U. S. Nuclear Regulatory Commission

("NRC"), including the Davis-Besse Augmented Inspection Team ("AIT") and Office of Investigations ("O0"), conducted investigations into the events concerning the Davis-Besse reactor pressure vessel head degradation. The documents listed in Attachment 2 contain, in whole or in part, proprietary commercial and financial information that should be held in confidence by the NRC pursuant to 10 CFR §§ 2.390(a)(4) and 9.17(a)(4),

because:

a. This information is and has been held in confidence by FENOC and its affiliates.
b. This information is of a type that is held in confidence by FENOC and its affiliates, and there is a rational basis for doing so because the information contains sensitive financial competitive information concerning FENC)C's anticipated revenues or operating expenses.
c. This information was transmitted to the NRC in confidence.
d. This information is not available in public sources and could not be gathered readily from other publicly available information.
e. Public disclosure of this information would create substantial harm to the competitive position of FENOC by disclosing its anticipated revenues or operating expenses to other parties whose commercial interests may be adverse to those of FENOC.
3. Accordingly, FENOC requests that the documents designated in Attachment 2. be withheld from public disclosure pursuant to the requirements found at 10 CFR

§§ 2.390(a)(4) and 9.17(a)(4).

FirstEnergy Nuclear Operating Company Robert W. Schrauder Director, Performance Improvement Davis-Besse Nuclear Power Station Page 1 of 2

Attachment 3 v

STATE, OF o)" 10 CITY OF G ar o C-Subscribed and sworn to me, a Notary Public, in and for the County and State above named, this 33S- day of January 2006.

. . , I/.....

e. . ... .

My Commission Expires:

LORt J.STRAUSS Notary Public. State of Ohio My Commission Expires 3/24/200B Page 2 of 2

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