ML17256A651
| ML17256A651 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island, Ginna, 05000000 |
| Issue date: | 04/22/1983 |
| From: | Clark R Office of Nuclear Reactor Regulation |
| To: | Musolf D NORTHERN STATES POWER CO. |
| Shared Package | |
| ML17256A650 | List: |
| References | |
| NUDOCS 8304290022 | |
| Download: ML17256A651 (5) | |
Text
UNITED STAl ES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 APR 22 f9N Docket.Nos.
50-282 and 50-306 Mr. D.
M. Musolf Nuclear Support Services Department Northern States Power Company 414 Nicollet Mall - 8th Floor Minneapolis, Minnesota 55401
Dear Mr. Musolf:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your application and affidavit dated February 3, 1983, you submitted Exxon Report XN-NF-79-49-(P), Rev.
1 entitled "Reflex/UPI:
An Analytical Model to Calculate Reflood Rates for PWRs with Upper Plenum Injection,"
and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
You stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
2.
3.
The document XN-NF-79-49-(P), Revision 1, entitled "Reflex/UPI:
An Analytical Model to Calculate Reflood Rates for PWRs with Upper Plenum Injection," referred to as "Document," contains information which has been classified by Exxon Nuclear Corporation (ENC) as proprietary in accordance with the control system and policies established by ENC for the control and protection of information.
The Document contains information of a proprietary and confidential nature and is of the type customarily held in conference by ENC and not made available to the public.
Other companies regard information of the kind contai'ned in the Document as being proprietary and confidential.
The Document has been made available to the United States Nuclear Regulatory Commission in confidence, with the request that the information contained in the Document not be disclosed or divulged.
4.
The Document contains information which is vital to a competitive advantage of ENC and would be helpful to competitors of ENC when competing with ENC.
8304290022 830428 PDR AD{3CK 05000244
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D.
M. Nuso 1 f 5.
The information contained in the Document is considered to be proprietary by ENC because it reveals certain distinguishing aspects of safety analysis methods which secure competitive economic advantage to ENC for fuel design optimization and improved marketability, and includes information utilized by ENC in its business which affords ENC 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.
6.
7.
8.
9.
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 compe-titive position by giving it extremely valuable insights into safety analysis
- methods, and would result in substantial harm to the competitive position of ENC.
The Document contains proprietary information which is held in confidence by ENC and is not available in public sources.
In accordance with ENC's policies governing the protection and control of information, proprietary information contained in.-
the Document has been made available, on a limited-basis, to others outside ENC only as required and under suitable agreement providing for non-disclosure and limited use of the information.
ENC policy requires that proprietary information be kept in a
secured file or area and distributed on a need-to-know basis.
10.
This Document provides information which reveals safety analysis'ethods developed, by ENC over the past several years.
ENC has invested millions of dollars and many man-years of effort in developing the analysis methods revealed in the Document.
Assuming a competitor had available the same backgr'ound data and incentives as ENC, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as ENC.
The background data and incentives of ENC's competitors are not sufficiently similar to the corresponding background data and incentives of ENC to reasonably expect that such competitors would be in a position to duplicate ENC's proprietary information contained in the Document.
D.
M. Musol f We have. reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of the above statement, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial 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 the Exxon Nuclear Corporation's competitive position.
Accordingly, we have determined that the information should be withheld from public disclosure.
We, therefore, approve your request fo'r withholding pursuant to 10 CFR 2.790 and are withholding Exxon Report XN-NF-79-49-(P) entitled, "Reflex/UPI:
An Analytical Model to Calculate Reflood Rates for PWRs with Upper Plenum Injection" from public inspection as proprietary.
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, 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 information from you or makes a determination adverse.to the
- above, you will be notified in advance of any public disclosure.
Sincerely, Robe rt A.
C 1 a rk, Chi ef Operating Reactors Branch 83 Division of Licensing cc:
See next page
C Northern States Power Company CC:
~ +
Gerald Charnoff, Esquire
- Shaw, Pi ttman, Potts and Tr owbri dge 1800 M Street, N.W.
Washington, 0.
C.
20036 Mr. Louis J. Breimhurst Executive Director Minnesota Pollution Control Agency 1935 W. County Road B2 Roseville, Minnesota 55113 Mr. E. L. Watzl, Plant Manager Prairie Island Nuclear Generating Plant Northern States Power Company Route 2
Welch, Minnesota 55089 Jocelyn F. Olson, Esquire Special Assistant Attorney General Minnesota Pollution Control Agency 1935 W. County Road B2 Roseville, Minneosta 55113 U.S. Nuclear Regulatory Commission Resident Inspectors Office Route 82, Box 500A Welch, Minnesota 55089 Mr. R. L. Tanner County Auditor Red Wing, Minnesota 55066 U. S. Environmental Protection Agency Federal. Activities Branch Region V Office ATTN:
Regional Radiation Representative 230 South Dearborn Street Chicago, Illinois 60604 Regional Administrator Nuclear Regulatory Commission, Region III Office of Executive Director for Operations 799 Roosevelt Road Glen.E1 lyn, I 1 h rois 60137
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