ML17229A075

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Informs That Request for Withholding App a of Rept, Plant Specific Seismic Adequacy Evaluation of Plant Unit 2 to Resolve GL 88-20 Suppl 4, from Public Disclosure,Granted
ML17229A075
Person / Time
Site: Saint Lucie 
Issue date: 10/17/1996
From: Wiens L
NRC (Affiliation Not Assigned)
To: Plunkett T
FLORIDA POWER & LIGHT CO.
References
GL-88-20, TAC-M83679, NUDOCS 9610220055
Download: ML17229A075 (4)


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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055$ 4001 October 17, 1996 Mr. Thomas F. Plunkett President, Nuclear Division Florida Power and Light Company.

Post Office Box 14000 Juno

Beach, Florida 33408-0420

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE ST.

LUCIE PLANT, UNIT 2 (TAC NO. H83679)

Dear Hr.'lunkett:

By letter L-95-58 dated February 17, 1995, Florida Power and Light (FPL}

submitted a report titled "Plant Specific Seismic Adequacy Evaluation of St.

Lucie Unit 2 to Resolve Generic Letter (GL) 88-20 Supplement 4",

and requested that Appendix A of this report be withheld from public disclosure.

Due to an administrative oversight, no action was taken on this request at the time of submittal.

This oversight was recognized recently, and upon review of the affidavit included with the February 17, 1995, submittal, we determined that additional information was needed in the affidavit.

As a result, a

revised affidavit was submitted by letter dated September 23, 1996.

During the preparation of our letter approving your request, an affidavit from a previous request was inadvertently substituted in the package, resulting in incorrect references in the letter of approval dated October 15, 1996.

Therefore, this letter is being issued to provide the correct basis'for approval of your request.

Appendix A of the FPL seismic adequacy evaluation report was requested to be withheld from public disclosure based on the following criteria,,

1 1.

Appendix A is an implementation procedure which includes details of organization, performance and documen'tation.

The procedure incorporates trade secrets, and privileged, confidential commercial information owned by FPL.

2.

The procedure has been held in confidence by FPL and has never been released,to the public.

3.

The procedure was developed by FPL 'and the information in'he procedure could enrich other utilities if they were to use it without providing compensation to FPL.

We have reviewed the February 17, 1995, application and the September 23, 1996, affidavit in accordance with the requirements of 10 CFR 2.790 and, on the basis of FPL's statement, have determined that the submitted material.

sought to be withheld contains propriet'ary commercial information.

Therefore, the proprietary information will be withhe1d'from p'ublic disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as amended. Q>

9bi0220055 9bi0i7 PDR ADOCK 05000389 P

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Mr. T. Plunkett Withholding from public disclosure 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 disclosure 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 makes a

determination adverse to the above, you will be notified in advance of any public disclosure.

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Sincerely,

'I

, Orig,i.nal 'signed by Docket No. 50-389 cc:

See next page Distribution Docket File PUBLIC St.

Lucie Rdg.

SVarga JZwolinski Leonard A. Wiens, Senior Project Manager Project Directorate II-3 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation DOCUMENT NAME:

G: iSTLUCIEiPROP IPEE. REV

'o receive a copy of this document, indicate in the box:

"C" - Copy without attachment enclosure "E" - Co y with attachment enclosure "N" = No co y OFFICE PDI 1-3/PM PD I I-3/LA OGC PD I I-3/D HAME LWicns BCIayton QADI/C~/

FHcbdon DATE 10/

/96 10/,/96 10/

/96 OFFICIAL RECORD COPY 10/

/96

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Mr. T. F. Plunkett Florida Power and Light Company ST.

LUCIE PLANT CC:

Jack Shreve, Public Counsel Office of the Public Counsel c/o The Florida Legislature ill West. Madison Avenue, Room 812 Tallahassee, Florida 32399-1400 Senior Resident Inspector St. Lucie Plant U.S. Nuclear Regulatory Commission 7585 S.

Hwy AlA Jensen

Beach, Florida 34957 Joe Myers, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 J.

R.

Newman

Morgan, Lewis & Bockius 1800 H Street, NW.

Washington, DC 20036 John T. Butler, Esquire

Steel, Hector and Davis 4000 Southeast Financial Center Miami, Florida 33131-2398 Mr. Thomas R.L. Kindred County Administrator St.

Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Mr. Charles Brinkman, Hanager Washington Nuclear Operations ABB Combustion Engineering, Nuclear Power 12300 Twinbrook Parkway, Suite 330 Rockville, Maryland 20852 Hr. Bill Passetti Office of Radiation Control Department of.Health and Rehabilitative Services 1317 Winewood Blvd.

Tallahassee, Florida 32399-0700 Regional Administrator Region II U.S. Nuclear Regulatory Commission 101 Marietta Street, NW. Suite 2900 Atlanta, Georgia 30323 H. N. Paduano, Manager Licensing

& Special Programs Florida Power and Light Company P.O.

Box 14000 Juno

Beach, Florida 33408-0420 J.

A. Stall, Site Vice President St. Lucie Nuclear Plant P. 0.

Box 128 Ft. Pierce, Florida 34954-0128 J. Scarola Plant General Manager St. Lucie Nuclear Plant P.O.

Box 128 Ft. Pierce, Florida 34954-0128 Hr. Kerry Landis U.S. Nuclear Regulatory Commission 101 Marietta Street, N.W. Suite 2900 Atlanta, Georgia 30323-0199-E. J.

Weinkam Licensing Manager St.

Lucie Nuclear Plant P.O.

Box 128 Fort Pierce, Florida 34954-0128