ML17251A608
| ML17251A608 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 03/21/1986 |
| From: | Lear G Office of Nuclear Reactor Regulation |
| To: | Kober R ROCHESTER GAS & ELECTRIC CORP. |
| References | |
| NUDOCS 8603260516 | |
| Download: ML17251A608 (9) | |
Text
March 21, 1986 Docket No. 50-244 Mr. Roger W. Kober, Vice President Electric and Steam Production Rochester Gas 5 Electric Corp.
89 East Avenue Rochester, New York 14649
Dear Mr. Kober:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By letter dated November 5, 1985, Combustion Engineering Company (CE) submitted an affidavit attesting to the proprietary nature of the handout material furnished during the October 16, 1985, meeting.
On October 16, 1985, the NRC met with Rochester Gas 8 Electric (RGIIE), the licensee for R.
E.
Ginna Nuclear Power Plant; Wisconsin Public Service (WPS), the licensee for Kewaunee Nuclear Power Plant; and Combustion Engineering Company, your contractor for developing a
new Upper Plenum Injection Evaluation Model (UPI-EM) for the two-loop Westinghouse plants.
During the meeting, CE requested that the handout material be withheld from public disclosure pursuant to 10 CFR 2.790 and the affidavit submitted by letter dated November 5,
1985, is in support of this request.
CE stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
l.
A similar product is manufactured and sold by major pressurized water reactor competitors of Combustion Engineering.
2.
Development of this information by CE required thousands of man-hours and hundreds of thousands of dollars.
To the best of my knowledge and
- belief, a competitor would have to undergo similar expense in generating equivalent information.
3.
4 ~
In order to acquire such information, a competitor would also require considerable time and inconvenience related to the development of similar methods for loss of coolant'accident analysis of plants having upper plenum injection core cooling systems.
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.
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The information consists of methods for the loss of coolant accident analysis of plants having upper plenum injection system core cooling
- systems, the application of which provides a competitive economic advantage.
The availability of such information to competitors would enable them to modify their product to better compete with CE, take marketing or other actions to improve their product's position or impair the position of Combustion Engineering's
- product, and avoid developing similar data and analyses in support of their processes, methods or 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 competitors 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 letter and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of the statements made by CE, we have determined that 'the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
We have determined that the handout material for the November 16, 1985, meeting prepared by Combustion Engineering, Inc., marked as "proprietary,"
should 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.
We, therefore, approve the request for withholding pursuant to 10 CFR 2.790 and are withholding the handout material from public inspection as proprietary.
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 document 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, such as if the scope of a Freedom of Information Act request
MaR 3> tgg 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.
Sincerely, Original signed bYa George E. Leaf, George E. Lear, Director PWR Project Directorate ¹1 Division of PWR Licensing-A cc's next page Office:
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E. Ginna Nuclear Power Plant CC:
Harry H. Voigt, Esquire
- LeBoeuf, Lamb, Leiby and MacRae 1333 New Hampshire
- Avenue, N.W.
Suite 1100 Washington, D.C.
20036 Ezra Bialik Assistant Attorney General Environmental Protection Bureau New York State Department of Law 2 World Trade Center New York, New York 10047 Resident Inspector R.E.
Ginna Plant c/o U.S.
NRC 1503 Lake Road
- Ontario, New York 14519 Stanley B. Klimberg, Esquire General Counsel New York State Energy Office Agency Building 2 Empire State Plaza
- Albany, New York 12223 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 631 Park Avenue King of Prussia, Pennsylvania 19406 Supervisor of the Town of Ontario 1850 Ridge Road
- Ontario, New York 14519 Jay Dunkleberger Division of Policy Analysis 5 Planning New York State Energy Office Agency Building 2 Empire State Plaza
- Albany, New York 12223 Nr. Roger W. Kober Vice President Electric and Steam Production Rochester Gas 5 Electric Corporation 89 East Avenue Rochester, New York 14649
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Distribution Copies:
Docket File 50-244 NRC PDR Local PDR PADl r/f PADl p/s TNovak, Actg.
DD MFairti1 e PShuttleworth ELD Lawyer EJordan BGrimes JPartlow GLear DDiIanni
Distribution Copies:
~Docket Fil.e 50=244~
NRC PDR Local PDR PADl r/f PADl p/s'Novak, Actg.
DD MFairtile PShuttleworth ELD Lawyer EJordan BGrimes JPartlow GLear DDiIanni