ML17255A769

Approves 830524 Request for Withholding from Public Disclosure Info Re Steam Generator Insp & Repairs Conducted During Spring 1983 Refueling Outage,Per 10CFR2.790

ML17255A769
Person / Time
Site:	Ginna
Issue date:	04/11/1984
From:	Crutchfield D Office of Nuclear Reactor Regulation
To:	Kober R ROCHESTER GAS & ELECTRIC CORP.
Shared Package
ML17255A770	List: ML17255A769 ML17255A771
References
LSO5-84-04-022, LSO5-84-4-22, NUDOCS 8404170443
Download: ML17255A769 (6)

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, O. C. 20555 April ll, 1984 Docket No. 50-244 LS05-84-04-022 Hr. Roger W. Kober,.Vice President Electric and SteaIII..Production Rochester Gas ayd'Electric Corporation 89 East Avenue~

RochesterHew York 14649

SUBJECT:

REQUEST FOR WITMMOLDING INFORMATION FROM PUBLIC DISCLOSURE Re:

R.

E. Ginna Nuclear Power Plant By Rochester Gas 8 Electric (RGEE) letter dated Nay 24, 1983 and affidavit dated Hay 23, 1983, information was submitted regarding the steam generator inspection and repairs conducted during the Spring 1983 refueling outage.

The letter stated that. Attachment 4 was proprietary to Babcox and Wilcox (B8W) and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

B8H maintains that the information is considered proprietary because it contains information utilized bv 88W in its business which affords it an opportunity to obtain and maintain a competitive advantage.

Further, specific information, if subjected to public disclosure is likely to cause harm to the competitive position of B8W, taking into account the value of the information to B&'ll, the amount of effort or money expended by BQI in developing the information, and the ease or difficulty with which the information could be properly duplicated by others.

We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of B8W's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

We have determined that Attachment 4 of the submitted information 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.

8404170443 8404ii PDR ADOCK 05000244 P

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Hr. Roger W. Kober April 11, 1984

'lie, therefore, approve your request for withholding pursuant to 10 CFR R.790 and are withholding Attachment 4 to the RG8E May 24, 1983 letter from 'public inspection as proprietary.

l<ithholding 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'rea.

lie will, of course, insure that the consultants have signed the appropriate agreements for handling proprietary information.

If t'e 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 infor-mation from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, cc:

See next page Den is M. Cru h ield, Chief ating Reactors Branch No.

5 Division of Licensing

Mr. Roger W. Kober April 11, 1984 We, therefore, approve your request for withholding pursuant to 10 CFR 2.790 and are withholding Attachment 4 to the RG&E May 24, 1983 letter 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 documents.

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 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 infor-mation from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, Original signed by James Lyons for cc:

See next page DISTRIBUTION NRC PDR Local PDR ORB ¹5 Reading DEisenhut JLeonard GDick LA OELD EJordan JGrace DCrutchfield NSIC ACRS (10)

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Dennis M. Crutchfield, Chief Operating Reactors Branch No.

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Mr. Roger W. Kober CC Harry H. Voigt, Esquire

LeBoeuf, La'mb, Leiby and h1acRae 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 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 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 Licensina Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 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 tlashington, D.C.

20555 Supervisor of the Town of Ontario 107 Ridge Road West

Ontario, New York 14519 Jay Dunkleberger New'ork State Energy Office Agency Building 2 Empire State Plaza

Albany, New York 12223