ML17059A491

Requests Withholding of Proprietary Info of Rept MPM-69437 from Public Disclosure.Lists Reasons MPM-69437 Should Be Considered Exempt from Public Disclosure

ML17059A491
Person / Time
Site:	Nine Mile Point
Issue date:	10/21/1994
From:	Marsh L Office of Nuclear Reactor Regulation
To:	Michelle Manahan MPM RESEARCH & CONSULTING
References
TAC-M90288, NUDOCS 9410260126
Download: ML17059A491 (8)

Text

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055&0001 October 21, 1994 z,ZO Dr. Michael P.

Hanahan, Sr.

NPH Research

& Consulting P.O.

Box 840 915 Pike Street

Lemont, PA 16851-0840

SUBJECT:

REQUEST FOR MITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE NINE MILE POINT NUCLEAR STATION UNIT NO.

1 (TAC NO. M90288)

Dear Dr. Hanahan:

By letter dated September 1,

1994, Niagara Mohawk Power Corporation (NMPC) submitted an application for amendment to the Nine Nile Point Unit 1 Operating License.

The application included HPH Research and Consulting Proprietary Report No. HPM-69437 entitled, "Pressure-Temperature Operating Curves for Nine Nile Point Unit 1," and an affidavit, dated August 10,

1994, from Michael P.

Hanahan, Sr.,

HPH Research and Consulting, which stated that the HPM-69437 contained proprietary information and, requested that parts of HPM-69437 be withheld from public disclosure pursuant to 10 CFR 2.790.

By letter dated September 14,

1994, NNPC provided a nonproprietary version of the subject report for placement in the NRC Public Document Room for public inspection.

In his affidavit, Dr. Hanahan stated that the proprietary information submitted in NPH-69437 should be considered exempt from public disclosure for the following reasons:

Information that discloses a process,

method, o} apparatus, including supporting data and analyses, where prevention of its use by HPH Research and Consulting's competitors without license from HPH Research and Consulting constitutes a competitive economic advantage over other companies; Information which, if used 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 of a similar product; The information identified in paragraph (2), above, is classified as proprietary because it contains calculative procedures,

models, methods, and processes which NPH Research

& Consulting has developed for calculation of Pressure-Temperature (P-T) curves for nuclear reactor pressure vessels in-lieu of the P-T curves which are obtained using the NRC recommended method.

Me have reviewed Dr. Hanahan's affidavit and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of MPH Research 94i0260i26 94i02i

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M. Manahan October 21, 1994 and Consulting statements, have determined that the submitted information sought to be withheld contains trade secrets for proprietary commercial information.

Therefore, the version of the submitted information marked as proprietary will 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.

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 wor king 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 U.S. Nuclear Regulatory Commission (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

'nformation Act request includes your information.

In all review situations,.

if the NRC makes a determination adverse to the above, y'ou will be notified in advance of any public disclosure.

Sincerely, Docket No. 50-220 cc:

See next page Ledyard B. Marsh, Director Project Directorate I-I Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation

Niagara Mohawk Power Corporation Nine Hile Point Nuclear Station Unit No.

1 cc:

Hark J. Wetterhahn, Esquire Winston 5 Strawn 1400 L Street, NW Washington, DC 20005-3502 Supervisor Town of Scriba Route 8, Box 382

Oswego, NY, 13126 Hr. Louis F. Storz Vice President - Nuclear Generation Niagara Mohawk Power Corporation Nine Mile Point Nuclear Station P.O.

Box 63

Lycoming, NY 13093 Resident Inspector U.S. Nuclear Regulatory Commission P.O.

Box 126

Lycoming, NY. 13093 Gary D. Wilson, Esquire Niagara Mohawk Power Corporation 300 Erie Boulevard West

Syracuse, NY 13202 Regional Administrator, Region I U.S'. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Hs.

Donna Ross New York State Energy Office 2 Empire State Plaza 16th Floor

Albany, NY 12223 Hr. Richard B. Abbott Unit 1 Plant Manager Nine Mile Point Nuclear Station P.O.

Box 63

Lycoming, NY 13093 Mr. David K. Greene Manager Licensing Niagara Mohawk Power Corporation Nine Mile Point Nuclear Station P.O.

Box 63

Lycoming, NY 13093 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Hr. Paul D.

Eddy State of New York Department of Public Service Power Division, System Operations 3 Empire State Plaza

Albany, NY 12223 Hr. Hartin J.

HcCormick, Jr.

Vice President Nuclear Safety Assessment and Support Niagara Mohawk Power Corporation Nine Mile Point Nuclear Station P.O.

Box 63

Lycoming, NY 13093 Hr. B. Ralph Sylvia Executive Vice President, Nuclear Niagara Mohawk Power Corporation Nine Mile Point Nuclear Station P.O.

Box 63

Lycoming, NY 13093

"1 M. Hanahan October 21, 1994 I

j and Consulting statements, have determined'that,the submitted information sought to be withheld contains trade secrets for proprietary commercial information.

Therefore, the version of the submitted information marked as proprietary will 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.

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, 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 U.S. Nuclear Regulatory Commission (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 makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, Original signed by:

Ledyard B. Harsh, Director Project Directorate I-l Division of Reactor Projects I/II Office of Nuclear Reactor Regulation Docket No. 50-220 cc:

See next page Distribution:

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