ML17187B205
| ML17187B205 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 11/07/1997 |
| From: | Stang J NRC (Affiliation Not Assigned) |
| To: | Johnson I COMMONWEALTH EDISON CO. |
| References | |
| NUDOCS 9712040041 | |
| Download: ML17187B205 (4) | |
Text
\\
- UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555--0001 November 7, 1997
-0 c
o:;
""°
-.J r
('")
- z:
0 a
(°') ""
c:
Ms. Irene Johnson, Acting Manager p,
- r.
3, Nuclear Regulatory Services
~ ~
Commonwealth Edison Company 0
Executive Towers West Ill Cl 3:
1400 Opus Place, Suite 500 Downers Grove, IL 60515
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
Dear Ms. Johnson:
By letter from Commonwealth Edison Company {ComEd) dated September.30, 1997, and an affidavit executed by Lon H. Waldinger, ComEd submitted a proprietary document entitled, "Com Ed Audit Report for Special Audit of GE Nuclear Energy, San Jose, California dated September 18, 1997," and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
ComEd stated that the information should be considered exempt from mandatory public
- disclosure for the following reasons:
-~ri
,#4.J rn
()
rn
,,.?"
~,
m
~:Jf "2.
The information in this document pertains to ComEd's commercial activities with a vendor with which it has had a long-standing relationship of significant importance to ComEd. The information is of a type customarily held in confidence by ComEd and.
not customarily disclosed to the public. This is an internal report which evaluates the performance of services provided by this vendor under contract with Com Ed.
The report documented an intrusive and critical review of services provided by this vendor. Disclosure to the public could have a detrimental effect on ComEd's commercial relationship with this vendor and may violate governing trade secrets and commercial or financial information that is privileged or confidential.
"4.
The information is valuable to ComEd, could not be easily duplicated by others and to the best of my knowledge and belief, is not available in public sources. Any disclosure to third parties, if necessary, would be made pursuant to regulatory provisions or agreements which provide for maintenance of the information in confidence.
"5.
Public disclosure of the information would cause substantial harm to ComEd because it could potentially interfere with a long-standing and necessary commercial relationship between ComEd and one of its vendors. Furthermore, this document contains information that was supplied to ComEd by the vendor with the understanding that it would generally be kept in confidence within ComEd."
f ql/JJ~llJJ f HH#IH/$/f U!lf HUH 9712040041 971107 I PDR ADOCK 05000237 1
- P PDR
"--~*
~-----* ----- h ____ _
.)':..:
~-*
- ~
I. Johnson
' We have review~d your submittal and the material irr accordance with the requirements of 10 CFR 2. 790 and, on the basis of Com Ed's 'statements, have determined that the submitted information sought to be withh~ld Contains trade secrets or proprietary commercial information.
I V'
.I
'*1 Therefore, we have det~rmined that the documents entitled. "Co.mEd Audit Report for Special
'l Audit of GE Nuclear Energy, San Jose, California dated September 18~ 1,~97," marked as.
proprietary will be withheld from p1,1blic diS:closure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Ato!'.'lic Energy Act of 1954, as arpended:,..
- Withholding from public inspe9tion sha.11 not affect the right,* if *ariy;: 9.f 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 cours~. insure that the consultants have signed the_appropriate agreements for ~andling 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 ex*arrlple, if the scope.ofa 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.
Docket Nos. 50-237, 50-249 cc: see next page
- DISTRIBUTION:
~t];:fo'Ckef File*~}-.'* Pl::J.BUG;:
~:
....,-.. 7..,.~_.... a""'~;.~;:.~*;,!)1, ~~:.ri:.... *1.(<:;..'.,J..*
RCapra MPSiemien,_ OGC SBailey TKozak, Riii Sincerely, original Signeo ay:.
John F. Stang, Senior Project Manager Project Directorate Ill-~
Division of Reactor Projects - Ill/IV Office of Nuclear Reactor Regulation PDlll-2 r/f CMoore EAdensam JStang fpfl I
~I
,J.
r~v*)
'I.
I.. ~
I DOCUMENT NAME: A:\\ComEd930 OFFICE D:PDlll-2 Ci NAME RCAPRA ~i -
DATE 1 fJ/7/97 OFFICIAL RECORD COPY
I
'.)
We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of ComEd'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 documents entitled. "ComEd Audit Report for Special Audit of GE Nuclear Energy, San Jose, California dated September 18, 1997,* 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 property 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 stiould promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, for example, if t.he scope ofa 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.
Docket Nos. 50-237, 50-249 cc: see next page Sincerely,
~~
J..
. Stang, S or Project Manager Project Directorate 111-2 Division of Reactor Projects - Ill/IV Office of Nuclear Reactor Regulation
J v I.Johnson Commonwealth Edison Company cc:
Michael I. Miller, Esquire Sidley and Austin One First National Plaza Chicago, Illinois 60603 Site Vice President Dresden Nuclear Power Station 6500 North Dresden Road Morris, Illinois 60450-9765 Station Manager Dresden Nuclear Power Station 6500 North Dresden Road Morris, Illinois 60450-9765 U.S. Nuclear Regulatory Commission Resident Inspectors Office Dresden Station 6500 North.Dresden Road Morris, Illinois 60450-9766.
. Regional Administrator U.S. NRC, Region Ill 801 Warrenville Road Lisle, Illinois 60532-4351.
Illinois Department of Nuclear Safety Office of Nuclear Facility Safety 1035 Outer Park Drive Springfield, Illinois 62704 Chairman Grundy County Board Administration Building 1320 Union Street Morris, Illinois 60450 Document Control Desk-Licensing Commonwealth Edison Company 1400 Opus Place, Suite 400 Downers Grove, Illinois 60515 Dresden Nuclear Power Station Unit Nos. 2 and 3