ML17254A985

Approves 840731 Request for Withholding Proprietary Info Contained in Response to NRC Questions Re Justification for Use of Westinghouse Optimized Full Assembly (Ref 10CFR2.790)

ML17254A985
Person / Time
Site:	Ginna
Issue date:	10/17/1984
From:	Paulson W Office of Nuclear Reactor Regulation
To:	Kober R ROCHESTER GAS & ELECTRIC CORP.
References
LSO5-84-10-018, LSO5-84-10-18, NUDOCS 8410180263
Download: ML17254A985 (5)

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555

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October 17, 1984 Docket No. 50-244 LS05-84-10-018 Mr. Roger W.'Kober, Vice President Electric and Steam Production Rochester Gas and Electric Corporation 89 East Avenue Rochester, New York 14649

..Dear Mr-. Kober:

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROI1 PUBLIC DISCLOSURE Re:

R.

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Ginna Nuclear Power Plant By Rochester Gas and Electric Corporation's (RG8E) letter dated July 31,

1984, and affidavit dated December 2, 1976, information was submitted in response to questions posed by. the staff regarding justification for use of the Westinghouse Optimized Fuel Assembly at Ginna.

The letter stated that part of the information contained therein was proprietary to t!estinghouse Electric Corporation and 'requested that it be'ithheld from public disclosure pursuant to 10 CFR 2.790.

Westinghouse maintains that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:-

(1) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.)

where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a

competitive economic advantage over other companies; and (2) Use of the information by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture,

shipment, installation, assurance of quality, or licensing a similar product.

a We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Westinghouse's statements and discussions with your staff have determined that a portion of the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

I!e have determined that: (I) The value of the pressure during the steamline break at the limiting condition, i.e, the point of minimum DNBR; and (2) The minimum DNBR calculated for the transition core following a steamline

break, 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.

The remainder of the response is considered non-proprietary.

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t1r. Roger W. Kober October 17, 1984 T

We, therefore, approve your request for withholding pursuant to 10 CFR 2.790 and are withholding the aforementioned portions of the RG8E July 31, 1984 letter from public disclosure as proprietary.

Additionally, the information contained in your April 12, 1984 submittal is no longer considered necessary with respect to this review and is being returned to you with this letter.

All remaining copies will be destroyed.

Withholding from public inspection 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 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 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,

Enclosure:

RG8E April 12, 1984 letter cc w/o enclosure:

See next page DISTRIBUTION Original signed by Walter A. Paulson, Acting Chief Operating Reactors Branch ¹5 Division of Licensing oc et NRC PDR LOCAL PDR ORB Reading NSIC WPaulson CJamerson HBalukjian PM OELD ELJordan JNGrace ACRS (10)

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Mr. Roger W. Kober October 17, 1984 CC Harry H. Voigt, Esquire

LeBoeuf, Lamb, Leiby and MacRae 1333 New Hampshire

Avenue, N.W.

Suite 1100 Washington, D.C.

20036 Mr. Michael Slade 12 Trailwood Circle Rochester, New York 14618

-:Ezra Bialik Assistant Attorney General Environmental Protection Bureau New York State Department of Law 2 World Trade Center New York, New York.

10047 Res iden t Ins pec tor R.E.

Ginna Plant c/o U.S.

NRC 1503 Lake Road

Ontario, New York 14519 U.S. Environmental Protection Agency Region II Office ATTN:

Regional Radiation Representative 26 Federal Plaza New York, New York 10007 Herbert Grossman, Esq.,

Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Supervisor of the Town of Ontario 107 Ri'dge Road West

Ontario, New York 14519 Jay Dunkleberger.

New York State Energy Office Agency Building 2 Empire State Plaza

Albany, New York 12223 Stanley B. Klimberg,. Esquire General. Counsel New York State Energy Office Agency Building 2 Empire State Plaza

Albany, New York 12223 Dr. Thomas E. Hurley Regional Administration Nuclear Regulatory Commission Region I Office 631 Park Avenue King of Prussia, Pennsylvania 19406 Dr.

Emmeth A. Luebke Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Dr. Richard F. Cole Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555