ML17174A698
| ML17174A698 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 05/08/1991 |
| From: | Siegel B Office of Nuclear Reactor Regulation |
| To: | Kovach T COMMONWEALTH EDISON CO. |
| References | |
| NUDOCS 9105200117 | |
| Download: ML17174A698 (4) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, 0. C. 20555 Docket No. 50-237 Mr. Thomas J. Kovach Nuclear Licensing Manager Commonwealth Edison Company-Suite OPUS West III 1400 OPUS Place Downers Grove, Illinois 60515
Dear Mr. Kovach:
May 8, 1991 300
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your letter dated February 4, 1991 and SMC O'Donnell's affidavit *dated October-26, 1990, you submitted Report 2042.04-400-001-00, Fracture Toughness Evaluation of the Shell Side of the Low Pressure Coolant Injection System (LPCI)
Heat Exchanger for Dresden Station - Unit 2, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
SMC O'Donnell, Inc. stated that the information contained in this document has been classified by O'Donnell as proprietary in accordance with the control system and policies established by O'Donnell for the control and protection of information and should be considered exempt from mandatory public disclosure for the following reasons:
The Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by O'Donnell and not made available to the public.***
The Document contains information which is vital to a competitive advantage of O'Donnell and would be helpful to competitors of O'Donnell when competing with O'Donnell.
The information contained in the Document is considered to be proprietary by O'Donnell because it reveals certain distinguishing aspects of O'Donnell's fracture mechanics methodology which secure competitive advantage to O'Donnell for engineering design and analysis, and includes information utilized by O'Donnell in its business which affords O'Donnell 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.
The disclosure of the proprietary information contained in the Document to a competitor would permit the competitor to reduce its expenditure of money and manpower and to improve its competitive position by giving it valuable insights into O'Donn~ll's fra~ture mechanics methodology and would result in substantial harm to the competitive position of O'Donnell.
The Document contains proprietary information which is held in confidence by '0'-Donnell and is not available in public sources.
910~200117 910508
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DATE Mr. Thomas May 8, 1991 In accordance with O'Donnell policies governing the protection and control of information, proprietary information contai.ned in the Document has been made available, on a limited basis, to others outside O'Donnell only as required and under suitable agreement providing for nondisclosure and limited use of the information.
Information in this *Document provides insight into O'Donnell's fracture mechanics methodology as well as the strategy for this application.
Assuming a competitor had available the same background data and incentives as O'Donnell the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as 0' Donne 11,. *..
We have reviewed your submittal and the material in accordance with the require-ments of 10 CFR 2.790 and, on the basis of SMC O'Donnell's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, we have determined that the document entitled Report 2042.04-400-001-00, Fracture Toughness Evaluation of the Shell Side of the Low Pressure Coolant Injection System (LPCI) Heat Exchanger for Dresden Station - Unit 2, 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 document.
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 NRC.
You should also 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 needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Document Name:
Sincerely, Orfglnal Signed By:
Byron L. Siegel, Project Manager Project Directorate III-2 Division of Reactor Projects - IIl/IV/V Office of Nuclear Reactor Regulation
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J Mr. Thomas J. Kovach Commonwealth Edison Company cc:
Michael I. Miller, Esq.
Sidley and Austin
- One First National Plaza Chicago, Illinois 60690 Mr. J. Eenigenburg
,Plant Superintendent Dresden Nuclear Power Station Rural Route #1 Morris, Illinois 60450 U. S. Nuclear Regulatory Commission Resident Inspectors Office Dresden Station Rural Route #1 Morris, Illinois 60450 Chairman Board of Supervisors of Grundy County Grundy County Courthouse
.Morris, Illinois 60450 Regional Administrator Nuclear Regulatory Commission, Region III 799 Roosevelt Road, Bldg. #4 Glen Ellyn, Illinois 60137 Illinois Department of Nuclear Safety Office of Nuclear Facility Safety 1035 Outer Park Drive Springfield, Illinois 62704 Robert Neumann Office of Public Counsel State of Illinois Center 100 W. Randolph Suite 11-300 Chicago, Illinois 60601 Dresden Nuclear Power Station Unit Nos. 2 and 3
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