ML16341G412

Informs That Request to Withhold Listed Proprietary Documents from Public Disclosure Re Purchase of Addl Emergency Diesel Generator Granted

ML16341G412
Person / Time
Site:	Diablo Canyon
Issue date:	12/23/1991
From:	Rood H Office of Nuclear Reactor Regulation
To:	Morrell W GENERAL ELECTRIC CANADA, INC.
References
NUDOCS 9201090271
Download: ML16341G412 (8)

Text

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Docket Nos.

50-275 and 50-323 UNITEDSTATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 December 23, 1991 Mr. Wayne Morrell Manager of Operations General Electric Canada, Inc.

1505 Dickson Street Montreal, Quebec, Canada H1N2H7

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your letter dated June 26, 1991, you submitted a document on information related to PGInE purchase of additional emergency diesel generator designated as Enclosures 2 through 5 in the Pacific Gas and Electric Company letter No.

DCL-91 dated June 28,

1991, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790(b)(4).

The proprietary information sought to be withheld has been designated as:

1.

General Electric Canada Break-In Procedure 01P8383; 2.

Methods 1 and 3 Information from Preliminary Revision 1 of PGKE Replace-ment Parts Evaluation for the 6th Diesel Generator; 3.

General Electric Canada (ALCO), Specifications for Inspection Plan 6602-01; and 4.

Clarification of Preliminary Replacement Part Evaluation Attachment AD and Requirements for Chemical Composition of Connecting Rod Bolts.

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

(a)

The information is being transmitted to the NRC in confidence

and, under the provisions of 10 CFR 2.790, i is to be received in con-fidence by the Commission.

(b)

The information sought to be withheld from public disclosure is owned and has been held in confidence by GEC and its clients.

(c)

The information is of a type customarily held in confidence by GEC and not customarily disclosed nor available to the public.

Informa-tion is'eld in confidence ifit falls in one or more of several

types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:

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(1) It consists of supporting data relative to a process (or com-ponent, structure, tool, method, etc.) the application of which data secures competitive economic advantage, e.g.,

by optimi-zation or improved marketability.

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Mr. Wayne Morrell December 23, 1991 (2)

Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

(d)

There are sound policy reasons behind the GEC decision to hold this information in confidence, including the following:

(1)

The use of such information give GEC a competitive advantage over its competitors.

Therefore, it is withheld from disclosure to protect this competitive position.

(2) It is information that is marketable.

The extent to which such information is available to competitors diminishes the GEC ability to sell parts,

products, and services involving the use of the information.

(3)

Use of the information by a competitor would put GEC at a

competitive disadvantage by reducing competitor's expenditure of time and resources at our expense.

(4) It is not the proper ty of GEC, but must be treated as proprietary by GEC according to agreements with the owner.

(5)

The information sought to be protected has not been previously employed in the same original manner or method to the best of our knowledge and belief.

(e)

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of GEC because it would enhance the ability of competitors to provide similar products and services to both our current and future clients.

(f)

The information is based on many years of investigation and operating experience.

In order for competitors of GEC to develop this tech-nology, significant investment in manpower and investigation would be required.

We have reviewed your application and the mater ial in accordance with the requirements of 10 CFR 2.790 and, on the basis of General Electric Canada'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 propr ietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(4) 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 documents.

If the need

arises, we may send copies of this information to our consultants working this area.

We wi 11, of course, ensure that the consultants have signed the appro-priate agreements for handling proprietary information.

Mr. Wayne Morrell December 23, 1991 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.

S incerely, Original Signed By:

cc:

See next page Harry Rood, Senior Project Manager Project Directorate V

Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation DISTRIBUTION Doc et=F

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Mr. J.

D. Shiffer Pacific Gas and Electric Company Diablo Canyon CC:

NRC Resident Inspector Diablo Canyon Nuclear Power Plant c/o U.S. Nuclear Regulatory Commission P.'.

Box 369 Avila Beach, California 93424 Dr. Richard Ferguson, Energy Chair Sierra Club California 6715 Rocky Canyon Creston, California 93432 Ms. Sandra A. Silver Mothers for Peace 660 Granite Creek Road Santa Cruz, California 95065 Ms. Jacquelyn C. Wheeler 3303 Barranca Court San Luis Obispo, California 93401 Managing Editor The Count Tele ram Tribune o nson venue P. 0.

Box 112 San Luis Obispo, California 93406 Chairman San Luis Obispo County Board of Supervisors

.Room 370 County Government Center San Luis Obispo, California 93408 Richard F. Locke, Esq.

Pacific Gas 5 Electric Company Post Office Box 7442 San Franci sco, Ca 1 iforni a 94120 Mr. John Hickman Senior Health Physicist Environmental Radioactive Mgmt. Unit Environmental Management Branch State Department of Health Services 714 P Street, Room 616 Sacramento, California 95814 Regional Adminstrator, Region V

U.S. Nuclear Regulatory Commission 1450 Maria Lane, Suite 210 Walnut Creek, California 94596 Mr. Peter H. Kaufman Deputy Attorney General State of California 110 West A Street, Suite 700 San Diego, California 92101 Ms. Nancy Culver 192 Luneta Street San Luis Obispo, California 93401 Michael M. Strumwasser, Esq.

Special Assistant Attorney General State of California Department of Justice 3580 Wilshire Boulevard, Room 800 Los Angeles, California 90010

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