ML13309B101
| ML13309B101 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 10/08/1992 |
| From: | Fields M Office of Nuclear Reactor Regulation |
| To: | Guiles E, Ray H San Diego Gas & Electric Co, Southern California Edison Co |
| References | |
| GL-92-001 NUDOCS 9210150381 | |
| Download: ML13309B101 (6) | |
Text
00 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 October 8, 1992 Docket Nos. 50-361 and 50-362 Mr. Harold B. Ray Mr. Edwin A. Guiles Senior Vice President Vice President Southern California Edison Co.
Engineering and Operations Irvine Operations Center San Diego Gas & Electric Co.
23 Parker Street 101 Ash Street Irvine, California 92718 San Diego, California 92112
Dear Gentlemen:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE - SAN ONOFRE NUCLEAR GENERATING STATION (SCE) UNITS 2 AND 3 - RESPONSE TO GENERIC LETTER 92-01 By letter dated July 6, 1992, superseded by letter dated August 27, 1992, from SCE and by affidavit dated June 19, 1992, superseded by affidavit dated August 20, 1992, from Combustion Engineering, Inc., SCE responded to Generic Letter 92-01 and the following documents are requested to be withheld from public disclosure pursuant to 10 CFR 2.790:
- 1. APPENDIX C - SONGS, UNIT 2:
MCRs FOR BELTLINE MATERIALS
- 2. APPENDIX C - SONGS, UNIT 3:
MCRs FOR BELTLINE MATERIALS The July 6, 1992, letter and its June 19, 1992, affidavit did not correctly identify the proprietary information. In the August 27 letter, only the information identified as Appendix C is considered proprietary. Therefore, Attachments A and B with Appendices A, B, D, E, and F for Units 2 and 3, respectively, can be released for public disclosure.
SCE's July 6, 1992, letter also included nonproprietary versions of the above documents.
Combustion Engineering stated that the documents cited in Items 1 and 2 should be designated proprietary for the following reasons:
- 1. The information sought to be withheld from public disclosure, which is owned and has been held in confidence by Combustion Engineering, is the fabrication specifications, certifications, and chemical analysis for the reactor vessel plate and welding materials.
- 2. The information consists of test data or other similar data concerning a process, method or component, the application of which results in substantial competitive advantage to Combustion Engineering.
RC FLECT 9210150381 921008 61 PDR ADOCK 05000361 P
_PDR
Messrs. Ray and Guiles San Onofre Nuclear Generating Southern California Edison Company Station Unit Nos. 2 and 3 cc:
James A. Beoletto, Esq.
Mr. Richard J. Kosiba, Project Manager Southern California Edison Company Bechtel Power Corporation Irvine Operations Center 12440 E. Imperial Highway 23 Parker Street Norwalk, California 90650 Irvine, California 92718 Mr. Robert G. Lacy Chairman, Board of Supervisors Manager, Nuclear Department County of San Diego San Diego Gas & Electric Company 1600 Pacific Highway, Room 335 P. 0. Box 1831 San Diego, California 92101 San Diego, California 92112 Alan R. Watts, Esq.
Mr. Hank Kocol Rourke & Woodruff Radiologic Health Branch 701 S. Parker St. No. 7000 State Department of Health Services Orange, California 92668-4702 Post Office Box 942732 Sacremento, California 94234 Mr. Sherwin Harris Resource Project Manager Public Utilities Department City of Riverside Resident Inspector/San Onofre NPS 3900 Main Street do U.S. Nuclear Regulatory Commission Riverside, California 92522 Post Office Box 4329 San Clemente, California 92674 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations ABB Combustion Engineering Nuclear Power Mayor 12300 Twinbrook Parkway, Suite 330 City of San Clemente Rockville, Maryland 20852 100 Avenida Presidio San Clemente, California 92672 Mr. Phil Johnson Regional Administrator, Region V U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Region V 1450 Maria Lane, Suite 210 1450 Maria Lane, Suite 210 Walnut Creek, California 94596 Walnut Creek, California 94596 Mr. Don J. Womeldorf Chief, Environmental Management Branch California Department of Health Services 714 P Street, Room 616 Sacramento, California 95814
Messrs. Ray and Guiles
- 2
- 3. The information is of a type customarily held in confidence by Combustion Engineering and not customarily disclosed to the public.
Combustion Engineering has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The details of the aforementioned system were provided to the Nuclear Regulatory Commission via letter DP-537 from F. M. Stern to Frank Schroeder dated December 2, 1974. This system was applied in determining that the subject document herein is proprietary.
- 4. The information is being transmitted to the Commission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence by the Commission.
- 5. The information, to the best of my knowledge and belief, is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.
- 6. Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:
- a. A similar product is manufactured and sold by major pressurized water reactor competitors of Combustion Engineering.
- b. Development of this information by C-E required thousands of manhours and millions of dollars. To the best of my knowledge and belief, a competitor would have to undergo similar expense in generating equivalent information.
- c. In order to acquire such information, a competitor would also require considerable time and inconvenience to develop similar fabrication specifications, certifications, and chemical analysis for the reactor vessel plate and welding materials.
- d. The information required significant effort and expense to obtain the licensing approvals necessary for application of the information. Avoidance of this expense would decrease a competitor's cost in applying the information and marketing the product to which the information is applicable.
- e. The information consists of the fabrication specifications, certifications, and chemical analysis for the reactor vessel plate and welding materials, the application of which provides a competitive economic advantage. The availability of such information to competitors would enable them to modify their product to better compete with Combustion Engineering, take marketing or other actions to improve their product's position or impair the position of the Combustion Engineering's product, and
Messrs. Ray and Guiles
- 3 avoid developing similar data and analyses in support of their processes, methods or apparatus.
- f. In pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included. The ability of Combustion Engineering's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
- g. Use of the information by competitors in the international marketplace would increase their ability to market nuclear steam supply systems by reducing the costs associated with their technology development. In addition, disclosure would have an adverse economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.
We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Combustion Engineering's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the version of the submitted information 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 document. 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 should also understand that the NRC may have cause to review this determination in the
Messrs. Ray and Guiles
- 4 future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerley, Mel Fields, Projct Manager Project Directorate V Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc:
See next page
October 8, 1992 Messrs. Ray and Guiles
- 4 future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerl ey, Mel Fields, Project Manager Project Directorate V Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc:
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