ML17059A496
| ML17059A496 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 10/18/1994 |
| From: | Marsh L Office of Nuclear Reactor Regulation |
| To: | Sylvia B NIAGARA MOHAWK POWER CORP. |
| References | |
| TAC-M89792, NUDOCS 9410270355 | |
| Download: ML17059A496 (10) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 18, 1994 Mr. B. Ralph Sylvia Executive Vice President, Nuclear Niagara Mohawk Power Corporation Nine Mile.Point Nuclear Station P.O.
Box 63
- Lycoming, NY 13093
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE GENERAL ELECTRIC (GE) AFFIDAVIT DATED APRIL 22, 1994 (TAC NO. H89792)
Dear Hr. Sylvia:
By letter dated June 23,
- 1994, Niagara Mohawk Power Corporation (NHPC) informed the NRC staff of NMPC's decision to amend their commitment to perform Dye Penetrant Testing (PT) on the feedwater nozzles because of recent advances in automated Ultrasonic Testing (UT).
The GERIS-2000 system for UT inspections will be used in place of PT testing of the feedwater nozzles.
GE Proprietary Report GE-NE-508-038-0394, "GERIS 2000 Ultrasonic Inspection of Feedwater Nozzles," Revision 1, Class III, was accompanied by an affidavit, dated April 22,
- 1994, from James F. Klapproth, Manager, Fuel Licensing, General Electric Company (GE), which stated that GE-NE-508-'038-0394, Revision 1, Class III, contained proprietary information and requested that the report be withheld from public disclosure pursuant to 10 CFR 2.790.
By letter dated September 12,
- 1994, NMPC provided a non-proprietary version of the subject report for placement in the NRC Public Document Room for public
'inspection.
In his affidavit, Hr. Klapproth stated that the information submitted in GE-NE-508-038-0394, Revision 1, Class III, should'e considered exempt from public disclosure for the following reasons:
Information that discloses a process,
- method, or apparatus, including supporting data and analyses, where prevention of its use by General Electric's competitors without license from General Electric 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; 9410270355 94g0g8 PDR ADOCK 05000220'DR mI: FIjLE C~mEII I3PV
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B. Sylvia The information identified in paragraph (2), above, is classified as proprietary because it contains detailed results of qualification plans and
- results, methods and processes, which GE has developed to perform ultrasonic examinations, in-lieu of the PT examinations of the feedwater nozzle inner radius and bore regions, discussed in NUREG-0619.
The development and implementation of GE's feedwater nozzle inspection program was achieved at a significant cost, on the order of one million dollars, to GE.
The development of the test procedures, the evaluation
- process, and the interpretation and application of the test results are derived from the extensive experience database that constitutes a major GE asset.
We have reviewed Hr. Klapproth's affidavit and the material based on the requirements and criteria of 10 CFR 2.790
- and, on the basis of GE'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 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
B. Sylvia October 18, 1994 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, Docket No. 50-220 cc:
See next page Ledyard B. Harsh, Director Project Directorate I-I Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation
Hr. B. Ralph Sylvia Niagara Mohawk Power Corporation Nine Mile Point Nuclear Station Unit 2 CC:
Mark J. Wetterhahn, Esquire Winston 5 Strawn 1400 L Street, NW.
Washington, DC 20005-3502 Hr. Richard Goldsmith Syracuse University College of Law E. I. White Hall Campus
- Syracuse, NY 12223 Resident Inspector Nine Mile Point Nuclear Station P.O.
Box 126
- Lycoming, NY 13093 Gary D. Wilson, Esquire Niagara Mohawk Power Corporation 300 Erie Boulevard West
- Syracuse, NY 13202 Hr. David K. Greene Manager Licensing Niagara Mohawk Power Corporation Nine Mile Point Nuclear Station P.O.
Box 63
- Lycoming, NY 13093 Hs.
Donna Ross New York State Energy Office 2 Empire State'laza 16th Floor
- Albany, NY 12223 Supervisor Town of Scriba Route 8, Box 382
- Oswego, NY 13126 Regional Administrator, Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Mr. Richard,H.
Kessel Chair and Executive Director State Consumer Protection Board 99 Washington Avenue
- Albany, NY 12210 Mr. Kim A. Dahlberg Plant Manager, Unit 2 Nine Mile Point Nuclear Station Niagara Mohawk Power Corporation P.O.
Box 63
- Lycoming, NY 13093 I
Hr. Louis F. Storz Vice President Nuclear Generation Niagara Mohawk Power Corporation Nine Mile Point Nuclear Station P.O.
Box 63
- Lycoming, NY 13093 Hr. Martin 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 James F. Klapproth Fuel Licensing Manager General Electric Company 175 Curtner Avenue San Jose, CA 95125
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B. Sylvia October 18, 1994 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:
Docket No. 50-220 cc:
See next page Distribution:
Docket File ~
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