ML13310B372
| ML13310B372 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 04/11/1984 |
| From: | Crutchfield D Office of Nuclear Reactor Regulation |
| To: | Wiesemann R Westinghouse, Div of CBS Corp |
| Shared Package | |
| ML13310B373 | List: |
| References | |
| LSO5-84-04-023, LSO5-84-4-23, NUDOCS 8404300053 | |
| Download: ML13310B372 (3) | |
Text
REGSA o
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 April 11, 1984 Docket No. 50-206 LSOS-84-04-023 Mr. R. A. Wiesemann Regulatory and Legislative Affairs Westinghouse Electric Corporation Post Office Box 355 Pittsburgh, PA 15230
Dear Mr. Wiesemann:
SUBJECT:
REOUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE AW-80 SOUTHERN CALIFORNIA EDISON REPAIR PROJECT By letter dated September 21, 1982, Southern California Edison Company submitted a report entitled "Proprietary Supplement to Steam Generator Inspection Program, Return to Power Report, San Onofre Nuclear Generating Station, Unit 1, September 1982," and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
This request was supported by your affadavit AW-80-53, notarized September 5, 1980, which was transmitted by your letter AW-80-53 dated September 12, 1980.
This document describes the Westinghouse Electric Corporation (WEC) design of the sleeves which were installed in the San Onofre Unit 1 steam generators. This document also includes the design analysis, the test verification program and descriptions of the expanded mechanical plug, the rolled plug and the channel-head decontamination process. The reason stated for the withholding of the information is that the information is owned and has been held in confidence by WEC. Further, you stated that public disclosure of this information would cause substantial harm to your com petitive position because (1) it would result in the loss of valuable patent rights, and (2) it would enhance the ability of competitors to design, manufacture, verify and sell steam generator repair techniques for commercial power reactors without commensurate expenses. You also state that to the best of your knowledge this information is not available to the public.
We have reviewed the requests and related documents based on the requirements and criteria of 10 CFR 2.790(b).
To the best of our knowledge and in light of the sworn affadavit of Westinghouse, we have concluded that the information sought to be withheld has been owned and maintained by its owner in con fidence; that there is a rational basis for this confidential protection, i.e.,
the protection of research and development information in order to secure a market for recoupment of expenditures; that the information was transmitted to and received in confidence by the Commission; and that the substance of this information is not available in public sources.
30 000206
R. April 11, 1984 Based on the above, we have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
We have determined that Attachment 4 of the submitted information marked as proprietary, should 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.
We, therefore, approve your request for withholding pursuant to 10 CFR 2.790 and are withholding the report entitled "Proprietary Supplement to Steam Generator Inspection Program, Return to Power Report, San Onofre Nuclear Generating Station, Unit 1, September 1982" from public inspection as proprietary.
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, insure 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 future, such as if the scope of a Freedom of Information Act request in cludes 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.
Sincerely, Original signed by James Lyons for Dennis M. Crutchfield, Chief Operating Reactors Branch #5 Division of Licensing cc: K. Baskin, SCE DISTRIBUTION Docket File OELD NRC PDR ELJordan Local PDR JNGrace NSIC ACRS (10)
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R. A. Wiesemann
- 2 Based on the above, we have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
It is our belief, pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended, that, at this time, the right of the public to be fully apprised of the submitted information does not out weigh the need to protect Westinghouse Electric Corporation's competitive position.
Accordingly, we have determined that the information should be withheld from public disclosure.
We, therefore, approve your request for withholding pursuant to 10 CFR 2.790 and are withholding the report entitled "Proprietary Supplement to Steam Generator Inspection Program, Return to Power Report, San Onofre Nuclear Generating Station, Unit 1, September 1982" from public inspection as proprietary.
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, insure 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 future, such as if the scope of a Freedom of Information Act request in cludes 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.
Sincerely, Dennis M. Crutchfield, Chief Operating Reactors Branch #5 Division of Licensing cc: K. Baskin, SCE SEE ATTACHED DISTRIBUTION DL:ORB #5A'f/ l DL.
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