ML17054A580
| ML17054A580 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 03/20/1984 |
| From: | Schwencer A Office of Nuclear Reactor Regulation |
| To: | Rhode G NIAGARA MOHAWK POWER CORP. |
| References | |
| NUDOCS 8404040099 | |
| Download: ML17054A580 (10) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, O. C. 20555 fNR SO 1SS4 Docket No.:
50-410 Mr. Gerald K. Rhode Senior Vice President Niagara Mohawk Power Corporation 300 Erie Boulevard West
- Syracuse, New York 13202
Dear Mr. Rhode:
Subject:
Request for Withholding Information from Public Disclosure Nine Mile Point Vnit 2 By your letter of December 13, 1983, you requested that the following information, which was previously submitted, be withheld from public disclosure pursuant to 10 CFR 2.790.
(1)
Figure lA.26-1 (which is Figure 6-9 from General Electric Company (GE) NEDE-24822-P Mark II, Improved Chugging Methodology, dated May 1980) which was submitted to the NRC as part of Amendment 3 to the FSAR on June 6, 1983.
(2)
Response
to NRC Request for Additional Information 460. 12 and revised pages and figures for FSAR Section 6A (Design Assessment Report for Hydrodynamic Loads) which were submitted to the NRC as part of Amendment 5 to the FSAR on October 31, 1983.
(3)
Responses to NRC Requests for Additional Information 480.53, 480.54, 480.56, 480.57, 480.58, and additional revisions to pages and figures for FSAR Section 6A which were submitted to the NRC as part of Amendment 6 to the FSAR on November 29, 1983.
Your letter of January 25, 1983, submitted certain figures and information from FSAR Section 6A which you requested be withheld from public disclosure as proprietary information.
This request was approved by our letter to you on September 21, 1983.
Items (1), (2) and (3) above are revised pages and figures for FSAR Section 6A.
As indicated in your letter of December 13,
- 1983, the information listed above'hould be considered exempt from public disclosure for the same reasons as the proprietary information submitted January 25, 1983.
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Mr. Gerald K. Rhode Those reasons were:
l.
2.'.
Kraftwerk Union Aktiengeselschaft (KHU) developed a quencher technology as a means of pressure suppression in a wetwell containment system.
This technology was developed by KWU 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.
PP&L entered into a contract with KWU for, inter alia, the purchase of an information package that was developeoP by KWU during its research program.
Part of the contractural arrangement between KHU and PP&L involved KHU performing a full scale test simulating the parameters that exist at PP&L'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 containment system to safety relief valve (SRV) discharge and loss of coolant accident (LOCA) loads, and contained certain information considered by PP&L as proprietary; These proprietary portions of the Susquehanna DAR concerned the full scale test portion of the PP&L and KWU efforts and the design technique f'r assessing the containment system margins.
The document is of considerable importance because i.t enables one to define loads associated with SRV discharge.
The document, therefore, is a valuable tool in applying the KWU information.
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, PP8L considers it to be the type that is customarily held in confidence.
As a result, PP&L requested, and the NRC agreed, to withhold this information from public disclosure pursuant to 10 CFR 52.790.
4.
Appendix 6A of the Nine Mile 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 PP&L.
PP&L has spent considerable time and money in obtaining a contract with KWU, and developing the test plan and test matrix.
PP8L thus far has paid KWU approximately
$4.5 million in'onnection with the KWU contract.
Pursuant to an agreement dated August 10,
- 1978, PP8L sold to NMPC the right to use the KWU information described herein for NMPC's Nine Mile Point Unit 2 Nuclear Generating Station.
Pursuant to the agreement, NMPC is required to maintain the proprietary and confidential nature of the information contained in Appendix 6A of the Nine Mile Point Unit 2 FSAR.
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Mr. Gerald K. Rhode 6.
The information contained in Appendix 6A of the Nine Mile 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.
7.
None of the information 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 PP8L would suffer from its inability to sell the information, the need for protecting PP8L's interest outweighs the interest involved in public disclosure.
We have reviewed your application and the material based on the requirements and criteria of 10 CFR 52.790 and, on the basis of PP8L's statements, 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 52.790{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 PP8L'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 52.790 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'ny, 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.
4 C
Mr. Gerald K. Rhode 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 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, cc:
See next page Original signed by A. Schwencer, Chief Licensing Branch No.
2 Division of Licensing DISTRIBUTION:
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Nine Mile Point 2
Hr. Gerald K. Rhode Senior Vice President Niagara Mohawk Power Corporation 300 Erie Boulevard West
- Syracuse, New York 13202 CC:
Hr. Troy B. Conner, Jr.,
Esq.
Conner
& Wetterhahn Suite 1050 1747 Pennsylvania
- Avenue, N.W.
Washington, D. C.
20006 Mr. Richard Goldsmith Syracuse Uni versi ty College of Law E. I. White Hall Campus
- Syracuse, New York 13210 Mr. Jay Dunkleberger, Director Technological Development Programs New York State Energy Office Agency Building 2 Empire State Plaza
- Albany, New York 12223'zra I. Bialik Assistant Attorney General Environmental Protection Bureau New York State Department of Law 2 World Trade Center New York, New York 10047 Resident Inspector Nine Hile Point Nuclear Power Station P. 0. Box 99
- Lycoming, New York 13093 Mr. John W. Keib, Esq.
Niagara Mohawk Power Corporation 300 Erie Boulevard West
- Syracuse, New York 13202 Jay H. Gutierrez, Esq.
U. S. Nuclear Regulatory Comnission Region I
631 Park Avenue King of Prussia, Pennsylvania 19406
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