ML17229A264

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Informs That Licensee 970213 Request to Withhold Document Prepared by SPC for Clarifying Info Related to Proposed License Amend for Reactor Core Safety Limit from Public Disclosure Per 10CFR2.790,granted
ML17229A264
Person / Time
Site: Saint Lucie NextEra Energy icon.png
Issue date: 03/13/1997
From: Wiens L
NRC (Affiliation Not Assigned)
To: Plunkett T
FLORIDA POWER & LIGHT CO.
References
TAC-M97471, NUDOCS 9703170188
Download: ML17229A264 (4)


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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON> D.C. 205554001 March 13, 1997 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 1 (TAC NO. M97471)

Dear Mr. Plunkett:

A letter dated February 13,

1997, from Mr. J.

A. Stall, Florida Power and Light Company, included a document prepared by Siemens Power Corporation (SPC) which provided clarifying information related to a proposed license amendment for reactor core safety limit. It was requested that this document be withheld from public disclosure pursuant to 10 CFR 2.790.

A non-proprietary version was also submitted.

An affidavit dated January 31,

1997, signed by R. A. Copeland of SPC was included in the submittal in support of this request.

The reasons for requesting withholding of this information were:

The information contained in the document is considered to be proprietary by SPC because it reveals certain distinguishing 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.

2.

3.

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 SPC licensing methodology and would result in substantial harm to the competitive position of SPC.

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'he same expenditure of manpower and money as SPC.

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hr. T. F. Plunkett Florida Power and Light Company 0

ST.

LUCIE PLANT

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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 M. S.

Ross, Attorney Florida Power 5 Light 11770 US Highway 1

North Palm Beach, FL 33408 John T. Butler,'squire

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. Bill Passetti Office of Radiation Control Department of Health and Rehabilitative Services 1317 Winewood Blvd.

Tallahassee, Florida 32399-0700 R. A. Copeland Siemens Power Corporation 2101 Horn Rapids Road P.O.

Box 130

Richland, WA 99352-0130 Regional Administrator Region II U.S. Nuclear Regulatory Commission 101 Marietta Street, NW. Suite 2900 Atlanta, Georgia 30323 H. N. Paduano, Manager Licensing
5. 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 6351 South Ocean Drive Jensen

Beach, Florida 34957 Mr. J. Scarola Plant General Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen
Beach, Florida 34957 Mr. 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 6351 Soqtg Ocean Drive densen Sj~qh, Florida 34957

Hr. T.

F. Plunkett We have reviewed the January 31, 1997, application and all of the supporting information in accordance with the requirements of 10 CFR 2.790

and, on the basis of R. A. Copeland's statement, have determined that the submitted material sought to be withheld contains'proprietary commercial information.

Therefore, the version of the submitted information 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, as amended.

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.

Sincerely, Original signed by Docket No. 50-335 cc:

See next page DISTRIBUTION Docket PUBLIC St. Lucie Rdg.

Leonard A. Wiens, Senior Project Hanager Project Directorate II-3 Division of Reactor Projects-I/II Office of Nuclear Reactor Regulation S. Varga J. Johnson, RII J. Zwolinski H.

P. Siemien, OGC (and E-mail HPS)

DOCUHENT NAHE:

G:iSTLUCIEiPROP.LTR To receive a copy of this docuaent, indicate in the box:

"C" = Copy Mithout attachment/enclosure "E" = Copy with attachment/enclosure "H" = Ho co y OFFICE PDII-3/PH PD I 1-3/LA SRXB

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