ML17054A117

Approves 830125 Application for Withholding Figures & Info from FSAR Section 6A (Design Assessment Rept for Hydrodynamic Loads) from Public Disclosure (Ref 10CFR2.790)

ML17054A117
Person / Time
Site:	Nine Mile Point
Issue date:	09/21/1983
From:	Schwencer A Office of Nuclear Reactor Regulation
To:	Rhode G AFFILIATION NOT ASSIGNED
References
NUDOCS 8309290049
Download: ML17054A117 (6)

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',Docket IIo.:

50-410 Mr. Gerald K. Rhode Senior Vice President 300 Erie Boulevard Hest

Syracuse, New York 13202

Subject:

Request for Mitholding Information from Public I

1t DISTRIBUTION:

Document Control (50-410)

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ELJordan, DEJA:IE

JMTaylor, DRP:IE Region I, RA

NChokshi, SEB FEltawila, CSB

DTerao, MEB Disclosure By your application and affadavit in your letter dated January 25, 1983, you submitted certain figures and information from FSAR Section 6A (Design Assessment Report for Hydrodynamic Loads) and requested that this information'be withheld from public disclosure pursuant to 10 CFR 2.790.

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

1.

Kraftwerk Union Aktiengeselschaft (KHU) developed a quencher technology as a means of pressure suppression in a wetwell containment system.

This technology was developed by KHU during a research program which cost considerable amounts of time and money.

The information developed during this research program is not available to the public.

PPAL entered into a contract with KWU for, inter alia, the purchase of an information package that was developed by 1(W during its research program.

2.

Part of the contractural arrangement betweeen KHU and PPSL involved KHU performing a full scale test simulating the parameters that, exist at'PP8L's Susquehanna Steam Electric Station (Susquehanna).

The purpose of this test was to verify the design analyses used to engineer the quencher device.

PP&L submitted to the NRC its Susquehanna DAR (see Docket Nos..50-387 and 50-388) which explained the response of the'ontainment system to safety relief valve (SRV) discharge and loss of coolant accident (LOCA) loads, and contained certain information considered by PPSL as proprietary.

These proprietary portions of the Susquehanna DAR concerned the full scale test portion of the PPSL and KHU efforts and the design technique for assessing the containment system margins.

The document is of considerable importance because it enables one to define loads associated with SRV discharge.

The document, therefore, is a valuable tool in applying the KHU information.

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PDR OFFICE/

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3.

Although the Susquehanna DAR and the KWU information was prepared specifically for application to Susquehanna, it is of value to anyone desiring to apply it to any plant employing a similar pressure suppression system.

Because of the value of this information and its market potential, PPSL considers it to be the type that is customarily held in confidence.

As a result, PPSL requested and the NRC agreed to withold this information from public disclosure pursuant to 10 CFR 52.790.

Appendix 6A of the Nine tIlile Point Unit 2 FSAR is based on the Susquehanna DAR and the KWU information. It was developed as a result of significant effort and expense by PPSL.

PPSL has spent considerable time and money in obtaining a contract with KWU, and developing the test plan and test matrix.

PPSL thus far has paid KWU approximately

$45. million in connection with the KWU contract.

Pursuant to an agreement dated August 10, 1978, PPSL sold to NMPC the right to use the KWU information described herein for Nl)PC's Nine Nile Point Unit 2 Nuclear Generating Station.

Pursuant to the agreement, Nt'1PC is required to maintain the proprietary and confidential nature of the information contained in Appendix 6A of the Nine l'lile Point Unit 2 FSAR.

6.

7.

The information contained in Appendix 6A of the Nine Nile Point Unit 2 FSAR has been and will continue to be held in strict confidence.

External distribution of this information is restricted.

Each of the recipients of this information has promised to honor the proprietary value of the information and is precluded from using this information for any purpose other than certain specific enumerated applications.

These recipients limit the access of the information to those persons in their employ who have a need to use the information in the performance of their duties.

Hone of the informat'ion provided therein will be found in any public sources.

8.

Because of the expense it has incurred in the development'of this information, the marketability of this information, which will enable it to recoup a portion of these

expenses, and the economic harm that PP&L would suffer from its inability to sell the information, the need for protecting PPSL's interest outweighs the interest involved in public disclosure.

'e have reviewed your application and the material based on the requirements and criteria of 10 CFR 52.790 and, on the basis of PPSL's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary coranercial information.

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3 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 outweigh the need to protect PPSL'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 certain figures and information from FSAR Section 6A 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 llRC.

You should also understand that the-tlRC may have cause to review this determination in the future, such as 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.

Sincerely,

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