ML17256A574
| ML17256A574 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 03/22/1983 |
| From: | Crutchfield D Office of Nuclear Reactor Regulation |
| To: | Maier J ROCHESTER GAS & ELECTRIC CORP. |
| References | |
| LSO5-83-03-039, LSO5-83-3-39, NUDOCS 8303280065 | |
| Download: ML17256A574 (6) | |
Text
March 22, 1983 Docket No. 50-244 LS05-83-03-039 Mr, John E. Maier Vice President Electric and Steam Production Rochester Gas and Electric Corporation 89 East Avenue Rochester, New York 14649
Dear Mr. Maier:
DISTRIBUTION NRC PDR Local PDR ORB Reading NSIC DCrutchfield HSmith GDick OELD (Shomaker)
ELJordan JMTaylor ACRS (10)
SEPB HConrad
SUBJECT:
REQUEST FOR WITHHOLDING FROM PUBLIC DISCLOSURE R. E. Ginna Nuclear Power Plant By letter dated August 31, 1982, you submitted a Babcock and Wilcox (BLM) propr ietary report entitled "Steam Generator Rapid Sleeving Program Design Verification Report, R. E. Ginna Nuclear Power Plant," (12-1135119-01),
dated August 27, 1982, which contains analyses and safety evaluation sup-porting your request, dated January 15, 1982, for approval to delete the 25-sleeve limitation from the ISI program for Ginna.
You also transmitted an affidavit, dated August 26, 1982, signed by Mr. James H. Taylor, BIIM, to support your request that we withhold from public disclosure, pursuant to 10 CFR Section 2.790(b), the report described above.
On January 7, 1983, you also submitted a proprietary transcript of the September 15 and 16, 1982 Design Review Board meeting and a related affidavit, dated October 12, 1982, signed by Mr. Taylor of BQI.
This Board meeting was convened to review the Ginna steam generator sleeving program.
BIIM states:, that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
go I gpss (i)
The information has been held in confidence by BSM; (ii)
The information reveals special aspects of a process, method Ncq 6$t 7
components or the like, the exclusive use of which results in a competitive advantage to BN<.
The use of the information by a competitor would decrease his or her expenditures; (iii)
The information was made available to NRC in confidence; (iv)
The information is not available in the open literature and to the best of their knowledge is not known by Combustion Engineering, Exxon, General Electric or Ilestinghouse or other current or potential doqestic or foreign competitors of BImW; and OFFICEI SURNAME/
DATE P 8303280065 830322 PDR ADGCK 05000244 P
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Mr. John E. Maier rP March 22, 1983 (v)
Public disclosure of the information is likely to harm the competitive position of B8W, taking into account the value of the information to BQl and the amount of effort or nancy expended by BQl for developing the information.
We have reviewed your request, B8W's affidavit and the material based on the requirements and criteria of 10 CFR 2,790 and, on the basis of your statements, have determined that the submitted information sought to be withheld ~co ntains proprietary commerc'ial information.
It is our belief, pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended, that, at this time, the right of the public to be fully apprised of the submitted information does not outweigh the need to protect BQl's competitive position.
Accordingly, we have determined that the information should be withheld from public disclosure.
We, therefore, approve your request for withholding pursuant to 10 CFR 2.790 and are withholding the repor t entitled "Steam Generator Rapid Sleeving Program Design Verification Report, R. E. Ginna t<uclear Power Plant,"
(12-1135119-01),
dated August 27, 1982, 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 basis for withholding this information from public Iinspection should change in the future such that the information could then be made available for public inspection, you or B&W 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 situa-tions, if the NRC needs additional information from you and BljlW or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, Original signed by/
Dennis M. Crutchfield, Chief Operating Reactors Branch ¹5 Division of Licensing CC:
See next page OFFICEI SURNAMEII DATEf D,O 5
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I' Mr. John E. Maier March 3P, 1983 CC Harry H. Yoigt, Esquire
- LeBoeuf, Lamb, Leiby and MacRae 1333 Hew Hampshire
- Avenue, N.
W.
Sui te 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 flew York, Hew York 10047 U. S. Environmental Protection Agency Region II Offi.ce ATTN:
Regional Radiation Representative 26 Federal Plaza Hew York, Hew York 10007 Herbert Grossman, Esq.,
Chairman Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.
C,.
20555 Ronald C. Haynes, Regional Administrator Nuclear Regulatory Commission, Region I 631 Park Avenue King of Prussia, Pennsylvania 19406 Resident Inspector R. E. Ginna Plant c/o U.. S.
NRC 1503 Lake Road
- Ontario, Hew York 14519 Director, Bureau of Nuclear Operations State of Hew York Energy Office Agency Building 2 Empire State Plaza
. Albany, Hew York 12223
'upervisor of the Town
~
o Ontario 107 Ridge Road West
- Ontario, Hew York 14519 Dr. Emmeth A. Luebke Atomic Safety and Licensing Board U. S. Huclear Regulatory Commission Washington, D. C.
20555
. Dr. Richard F. Cole Atomic Safety and Licensing Board
.U. S. Nuclear Regulatory Commission Washington, D.
C.
20555
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