ML16131A368

Advises That Listed Info Withheld from Public Disclosure Including Bwnt Technical Document 33-1205310-00, Stress Rept for OTSG Remote Welded Plug, Per Vendor 910916 Request (Ref 10CFR2.790)

ML16131A368
Person / Time
Site:	Oconee
Issue date:	01/30/1992
From:	Matthews D Office of Nuclear Reactor Regulation
To:	Taylor J BABCOCK & WILCOX CO.
References
NUDOCS 9202050567
Download: ML16131A368 (4)

Text

1 k R E G j UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 January 30, 1992 Docket No.

50-269 Mr. J. H. Taylor, Manager Licensing Services B&W Nuclear Technologies 3315 Old Forest Road P. 0. Box 10935 Lynchburg, Virginia 24506-0935

SUBJECT:

OCONEE NUCLEAR STATION, UNIT 1 -

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By application and affidavit dated September 16, 1991, B&W Nuclear Technologies (BWNT) submitted directly and by reference: (1) BWNT Technical Document 33-1205310-00 Stress Report for OTSG Remote Welded Plug, and (2) BWNT Document 51-1206178-00, Boric Acid Corrosion of Oconee Unit 1 Upper Tubesheet, and requested that they be withheld from public disclosure pursuant to 10 CFR 2.790.

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

a.

Information reveals cost or price information, commercial strategies, production capabilities, or budget levels of B&W, its customers or suppliers.

b. The information reveals data or material concerning B&W research or development plans or programs of present or potential competitive advantage to B&W.

c. The use of the information by a competitor would decrease his expenditures, in time or resources, in designing; producing or marketing a similar product.

d. The information.consists of test data or other similar data concerning a process, method component, the application of which results in a competitive advantage to B&W.

e. The information reveals special aspects of a process, method, component or the like, the exclusive use of which results in a competitive advantage to B&W.

f. The information contains ideas for which patent protection may be sought.

We have reviewed BWNT's application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of BWNT's statements, have determined that the submitted information sought to be withheld contains proprietary commercial information.

9202050567 920130 PDR ADoC 05000269 NRC HlE UMYER L

P PDR

Mr. J. H. Taylor 2 -

January 30, 1992 Therefore, the proprietary information will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as amended.

Withholding from public disclosure 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 should also 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.

Sincerely, David B. Matthews, Director Project Directorate 11-3 Division of Reactor Projects -

1/II Office of Nuclear Reactor Regulation cc:

See next page

Oconee Nuclear Station cc:

Mr. A. V. Carr, Esq.

Mr. M. E. Patrick Duke Power Company Compliance 422 South Church Street Duke Power Company Charlotte, North Carolina 28242-0001 Oconee Nuclear Site P.O. Box 1439 Seneca, South Carolina 29679 J. Michael McGarry, III, Esq.

Winston and Strawn Mr. Alan R. Herdt, Chief 1400 L Street, NW.

Project Branch #3 Washington, DC 20005 U. S. Nuclear Regulatory Commission 101 Marietta Street, NW., Suite 2900 Mr. Robert B. Borsum Atlanta, Georgia 30323 Babcock & Wilcox Nuclear Power Division Ms. Karen E. Long Suite 525 Assistant Attorney Ceneral 1700 Rockville Pike N. C. Department of Justice Rockville, Maryland 20852 P.O. Box 629 Raleigh, North Carolina 27602 Manager, LIS NUS Corporation Mr. R. L. Gill, Jr.

2650 McCormick Drive, 3 Floor Licensing Clearwater, Florida 34619-1035 Duke Power Company P. 0. Box 1007 Senior Resident Inspector Charlotte, North Carolina 28201-1007 U. S. Nuclear Regulatory Commission Route 2, Box 610 Mr. J. W. Hampton Seneca, South Carolina 29678 Vice President, Oconee Duke Power Company Regional Administrator, Region II P. 0. Box 1439 U. S. Nuclear Regulatory Commission Seneca, South Carolina 29679 101 Marietta Street, NW., Suite 2900 Atlanta, Georgia 3C323 Mr. Heyward G. Shealy, Chief Bureau of Radiological Health South Carolina Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201 Office of Intergovernmental Relations 116 West Jones Street,

Raleigh, North Carolina 27603 County Supervisor of Oconee County Walhalla, South Carolina 29621

Mr. J. H. Taylor 2 -

January 30, 1992 Therefore, the proprietary information will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as amended.

Withholding from public disclosure 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 should also 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.

Sincerely,

/s/

David B. Matthews, Director Project Directorate 11-3 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc:

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01/19/92

01/10/92

01/10/92

01/25/92

/{/92 OFFICIAL RECORD COPY Document Name: REQUEST FOR WITHHOLDING/OCONEE