ML17158C155
| ML17158C155 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna |
| Issue date: | 05/12/1997 |
| From: | Poslusny C NRC (Affiliation Not Assigned) |
| To: | Byram R PENNSYLVANIA POWER & LIGHT CO. |
| References | |
| TAC-M97499, NUDOCS 9705160134 | |
| Download: ML17158C155 (6) | |
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t UNITED STATES NUCLEAR REGULATORY GOMMISSlON WASHINGTON, D.C. 205554001 May 12, 1997 go
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Robert G.
Byram Senior Vice President-Nuclear Pennsylvania Power and Light Company 2 North Ninth Street Allentown, PA 18101
SUBJECT:
REQUEST FOR WITHHOLDING FROM PUBLIC DISCLOSURE, SUSQUEHANNA STEAM ELECTRIC STATION, UNIT 2 (TAC NO. H97499) 1
Dear Nr. Byram:
By letters dated March 12 and 27, April 9 and 16,
- 1997, Pennsylvania Power E
Light Company (PPKL) submitted fuel design and analysis information provided by Siemens Power Corporation (SPC) applicable to the ATRIUH-10 fuel to be used in Susquehanna Steam Electric Station (SSES) Unit 2.
In these letters you requested (and in the April 16, 1996 letter, Hr. Jones requested) that the information-in these submittals be withheld from public disclosure pursuant to 10 CFR 2.790.
The March 12, 1997, submittal included SPC Report EHF-97-010 Revision 1, entitled, "Application'of ANFB to ATRIUM'-10for Susquehanna Reloads,"
and the remaining submittals included information in response to NRC requests for additional information related to PPKL's requested amendment to authorize the use of the ATRIUM-10 fuel in SSES Unit 2.
SPC's affidavit executed by H.D. Curet,.dated,Harch 10,
- 1997, the affidavit executed by R. A. Copeland stated dated March 26, 1997, the affidavit executed by H.D. Curet dated April 15,
- 1997, and the affidavit executed by H.D. Curet dated April 9, 1997, stated that the submitted information included in the each submittal should be considered exempt from mandatory public disclosure for the following reasons:
1.
The document contains information which is vital to a competitive advantage of SPC and would be helpful to competitors of SPC when competing with SPC.
2.
=-The information contained in the document... reveals certain distingui'shing aspects of SPC licensing methodology which secure
. competitive advantage to SPC for fuel design optimization and marketability, and includes information utilized by SPC in its business which affords SPC an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information contained in the document.
3.
The disclosure of the proprietary information contained in the document to a competitor would permit the competitor to reduce its
<yl expenditure of money and manpower and to improve its competitive position by giving it valuable insights into SPC licensing methodology and would result in substantial harm to the competitive position of SPC.
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9705ibOi34 9705i2 PDR ADOCK 05000388 P
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R.
Byram
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'1ay 12, 1997 4.
Information in this document provides insight into SPC licensing methodology developed by SPC.
SPC has invested significant resources in developing the methodology as well as the strategy for this application.
Assuming a competitor had available the same background data and incentives as
- SPC, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as SPC.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of SPC statements, have determined that the submitted information sought to be withheld contains proprietary commercial information.
Therefore, the above mentioned report, "Application of ANFB to ATRIUM-10 for Susquehanna Reloads,"
and PP&L submittals PLA-4605, PLA-4611, and PLA-4595 will be marked as proprietary, 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.
In addition, non-proprietary versions of these documents
.will be placed in the public document room.
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 NRC.
You also should 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.
Sincerely,
/s/
Chester
- Poslusny, Senior Project Manager Project Directorate I-2 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation Docket No. 50-388 cc:
See next page DISTRIBUTION
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Byram May 12, 1997 4.
Information in this document provides insight into SPC licensing
.methodology developed by SPC.
SPC has invested significant resources in developing the methodology as well as the strategy for this application.
Assuming a competitor had available the same background data and incentives as SPC, the competitor might, at a minimum,.develop the
.information for the same expenditure of manpower and money as SPC.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of SPC statements, have determined that the submitted information sought to be withheld contains proprietary co'mmercial information.
Therefore, the above mentioned report, "Application of ANFB to ATRIUM-10 for Susquehanna Reloads,"
and PPKL submittals PLA-4605, PLA-4611, and PLA-4595 will be marked as proprietary, 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.
In addition, non-proprietary versions of these documents will be placed in the public document. room.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.
If the need'rises, we may send copies of this inforloation 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 NRC.
You also should 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
deter'mination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, Docket No. 50-388 Ch ster Poslusny, enior Project Nanager Project Directorate I-2 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation
'c:
See next page
1 Mr. Robert G.
Byram Pennsylvania Power
& Light Company 0
Susquehanna Steam Electric Station.
Units 1
8 2 CC:
Jay Silberg.
Esq.
- Shaw, Pittman, Potts 8 Trowbridge 2300 N Street N.W.
Washington, D.C.
20037 Bryan A. Snapp.
Esq.
Assistant Corporate Counsel Pennsylvania Power 8 Light Company 2 North Ninth Street Al1 entown, Pennsyl vani a 18101 Mr. J.
M. Kenny Licensing Group Supervisor Pennsylvania Power 8 Light Company 2 North Ninth Street Allentown, Pennsylvania 18101 Mr. K. Jenison Senior Resident Inspector U. S.
Nuclear Regulatory Commission P.O.
Box 35 Berwick, Pennsylvania 18603-0035 Mr. William P. Dornsife, Director Bureau of Radiation Protection Pennsylvania Department of Environmental Resources P. 0.
Box 8469 Harrisburg, Pennsylvania 17105-8469
.Mr. Jesse C. Tilton. III Allegheny Elec. Cooperative, Inc.
212,Locust Street P.O.
Box.1266 Harri sburg.
Pennsylvania 17108-1266 Regional Administrator. Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, Pennsylvania 19406 Mr. George Kuczynski Plant Manager Susquehanna Steam Electric Station Pennsylvania Power and Light Company Box 467 Berwick. Pennsylvania 18603 Mr. Herbert D. Woodeshick Special Office of the President Pennsylvania Power and Light Company Rural Route 1.
Box 1797 Berwick. Pennsylvania 18603 George T. Jones Vice President-Nuclear Operations Pennsylvania Power and Light Company 2 North Ninth Street Allentown, Pennsylvania 18101 Dr. Judith Johnsrud National Energy Committee Sierra Club 433 Orlando Avenue State College.
PA 16803 Chairman Board of Supervisors 738 East Third Street
- Berwick, PA 18603