ML17181A215
| ML17181A215 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 12/22/1994 |
| From: | Russell W Office of Nuclear Reactor Regulation |
| To: | Haas K CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| References | |
| NUDOCS 9412300169 | |
| Download: ML17181A215 (3) | |
Text
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. ass 0001 Mr. Kurt M.
- Haas Plant Safety and licensing Director Palisades Plant 27780 Blue Star Memorial Highway Covert, MI 49043 December 22, 1994
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (PALISADES PLANT}
Dear Mr. Haas:
By Consumers Power Company's (CPCo} applications dated November S and 18, 1994, and Combustion Engineering's (CE) affidavits dated February 17 and November 17, 1994, CPCo submitted engineering analyses, "Evaluation of Palisades Current Pressurized Thermal Shock (PTS) Screening Criteria Margin" Revisions l and 2 and requested that they be withheld from public disclosure pursuant to 10 CFR 2.,790.
The February 17, 1994, affidavit, was originally submitted with a February 23, 1994, application.
On April 26, 1994, the staff made a determination of the February 23, 1994, application and the February 17, 1994, affidavit that the information submitted contained trade secrets or proprietary commercial information and agreed to withhold the information marked proprietary from public disclosure.
Cf's affidavits stated that the submitted information should be considered Xempt from mandatory public disclosure for the following reasons:
- 1.
A similar product is manufactured and sold by major pressurized water reactor competitors of CE.
- 2.
Development of this information by CE required hundreds of manhours and hundreds of thousands of dollars. A competitor would have to undergo similar expense in generating equivalent information.
- 3.
In order to acquire such information, a competitor would also require considerable time and inconvenience to develop or discover the description of the Palisades reactor pressure vessel and steam generator weld fabrication process and to ascertain the reactor vessel weld material and mechanical and chemical data used to calculate RTPTs values.
- 4.
The information required significant effort and expense to obtain the*
licensing approvals necessary for application of the information.
Avoidance of this expense would decrease a competitor's cost in applying the information and marketing the product to which the information is applicable.
- 5.
The information consists of the description of the Palisades reactor pressure vessel and steam generator weld fabrication process and of reactor vessel weld material and mechanical and chemical data used to
e e
K. Haas December 22,.1994 calculate RT,rs values, the application of which provides a competitive economic advantage.
The availability of such information to competitors would enable them to 110dify their product to better compete with CE, take marketing or other actions to improve their product's position or impair the position of CE's product, and avoid developing s1m11ar data and analyses in support of their processes, methods and apparatus. 6.
In pricing CE's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included. The ability of CE's COlllpetitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
- 7.
Use of the information by competitors in the international marketplace would increase their ability to market nuclear steam supply systems by reducing the costs associated with their technology development.
In addition, disclosure would have an adverse economic impact on CE's potential for obtaining or maintaining foreign licensees.
We have reviewed CE's affidavits and all of the supporting information in accordance with the requirements of 10 CFR 2.790 and have concluded that the information sought to be withheld from public disclosure contains confidential conrnercial trade secrets.
We are currently reviewing earlier PTS proprietary determinations, and our review has now led us to the conclusion that the right of the public to be fully apprised as to the basis for and effects of the proposed action outweighs the demonstrated concern for protection of your competitive position.
The submitted information is required in order to show compliance with 10 CFR 50.61. The subject information must be available in order for the public or other groups to understand the basis upon which you have concluded that you satisfy the rule.
In addition, it is important that all licensees have access to the subject information since the information that is marked as proprietary could impact other plants. For example, variations in mean copper values for plants with high fluences could significantly affect PTS evaluations.
Calculations of the PTS screening criteria without all relevant industry data could result in inaccurate, nonconservative 10 CFR 50.61 evaluations.
Overall, public health and safety dictates that this information be made publicly available. This information could also affect the licensee's compliance with the upper-shelf energy and pressure-temperature limit requirements of 10 CFR Part 50, Appendix G.
Accordingly, we have concluded that although the information sought to be withheld from public disclosure meets the requirements of 10 CFR 2.790, your company's demonstrated competitive position does not outweigh the public's right.to be fully apprised of the results of your engineering analyses.
Therefore, your requests to withhold the engineering analyses as submitted in to the November 8, 1994, application and Enclosure I to the November 18, 1994 application, from public disclosure are denied.
Within 30 days from the receipt of this letter, the subject documents will be placed in the Public Document Room.
If, within 30 days of the receipt of this
IC Hus December 22, 1994 letter, you request withdrawal of the docu111ents in accordance with 10 CFR 2.790(c), your request will be considered in light of applicable statutes and regulations and a determination *ade whether the documents will not be placed in the public document room and will be returned to you.
Docket No. 50-255 cc: See next page DISTRIBUTION:
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