ML17305A486

Advises That Proprietary CEN-390 (V)-P, Palo Verde Nuclear Generating Station Unit 1,End-of-Cycle 2 Fuel Exam Rept, Contains Trade Secrets or Proprietary Commercial Info & Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5)

ML17305A486
Person / Time
Site:	Palo Verde
Issue date:	01/19/1990
From:	Chan T Office of Nuclear Reactor Regulation
To:	Scherer A ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
References
NUDOCS 9002010374
Download: ML17305A486 (8)

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Docket No. 50-528 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 January 19, 1990 Hr. A. E. Scherer, Director Nuclear Licensing Combustion Engineering, Inc.

1000 Prospect Hill Road Windsor, Connecticut 06095

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROH PUBLIC DISCLOSURE PALO VERDE NUCLEAR GENERATING STATION, UNIT 1 By letter dated November 8, 1989, Arizona Public Service Company submitted the following document and requested that the proprietary version be withheld from public disclosure pursuant to 10 CFR 2.790:

"Palo Verde Nuclear Generating Station - Unit 1, End-of-Cycle 2 Fuel Examination Report,"

CEN-390 (V)-P.

A non-proprietary version of the report was also submitted.

Your affidavit forwarded with the proprietary document stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1.

The information contained in the document is owned and has been held in confidence by Combustion Engineering (CE).

2.

The information consists of test data or other similar data concerning a

process, method or component, the application of which results in a competitive advantage to CF..

3.

Public disclosure of the information would likely cause substantial harm to the competitive position of CE due to, among other

reasons, the considerable time and cost involved in developing the information.

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

9002010374 900119 PDR ADOCK 0500052S P

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J Mr. A. E. Scherer Therefore, CEN-390 (Y)-P, marked as proprietary will 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.

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, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

Ii'he 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 makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Since l,

cc:

See next page T rence L. Chan, Senior Project Manager Project Directorate Y

Division of Reactor Projects - III, IY, V and Special Projects Office of Nuclear Reactor Regulation

Mr. A. E. Scherer Arizona Nuclear Power Project Palo Verde CC:

Arthur C. Gehr, Esq.

Snell 5 Wilmer 3100 Valley Center Phoenix, Arizona 85073 Charles R. Kocher, Esq. Assistant Council James A. Boeletto, Esq.

Southern California Edison Company P. 0.

Box 800

Rosemead, California 91770 Mr. Douglas Core U.S. Nuclear Regulatory Commission HC-03 Box 293-NR Buckeye, Arizona 85326 Regional Administrator, Region V

U. S. Nuclear Regulatory Commission 1450 Maria Lane Suite 210 Walnut Creek, California 94596 Mr. Charles B. Brinkman Washington Nuclear Operations Combustion Engineering, Inc.

12300 Twinbrook Parkway, Suite 330 Rockville, Maryland 20852 Mr. Charles Tedford, Director Arizona Radiation Regulatory Agency 4814 South 40 Street Phoenix, Arizona 85040 Chairman Maricopa County Board of Supervisors 111 South Third Avenue Phoenix, Arizona 85003

"r'1r. A. E. Scherer January 19, 1990 Therefore, CEN-390 (V)-P, marked as proprietary will 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.

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.

Me 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 makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, original signed by Terence L. Chan cc:

See next page DISTRIBUTION VI~I NRC Im Local PDRs PD-V File GHolahan Terence L. Chan, Senior Project Manager Project Directorate V

Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation JLee TChan

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