ML17306A685
| ML17306A685 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 04/16/1992 |
| From: | Catherine Thompson Office of Nuclear Reactor Regulation |
| To: | Conway W ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR |
| References | |
| NUDOCS 9204290251 | |
| Download: ML17306A685 (14) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 April 16, 1992 Docket No. 50-530 Mr. William F.
Conway Executive Vice President, Nuclear Arizona Public Service Company Post Office Box 53999
- Phoenix, Arizona 85072-3999
Dear Mr. Conway:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CEN-411 (V)-P, REVISION 2-P)
By your letter dated December 20,
- 1991, and an affidavit dated December 18,
- 1991, signed by S.
A. Toelle of Combustion EngineeringI Inc.,
you submitted the document CEN-411(V)-P, Revision 2-P entitled "Safety Evaluation Report for Use of Advanced Zirconium Based Cladding. Materials in PVNGS Unit 3 Batch F
Demonstration Fuel Assemblies,"
dated December
- 1991, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
Combustion Engineering stated that the document should be designated propri-etary for the following reasons:
The information sought to be withheld from public disclosure, which is owned and has been held in confidence by Combustion Engineering, is the composition and testing results for zirconium based alloys that provide superior corrosion resistance compared to standard Zircaloy-4.
2.
The information consists of test data or other similar data concerning a
- process, method or component, the application of which results in substantial competitive advantage to Combustion Engineering.
3 ~
The information is of a type customarily held in confidence by Combus-tion Engineering and not customarily disclosed to the public.
Combus-tion Engineering has a rational basis for determining the types of information customarily held in confidence by it and, in that connec-tion, utilizes a system to determine when and whether to hold certain types of information in confidence.
The details of the aforementioned system were provided to the Nuclear Regulatory commission via letter DP-537 from F.
MD Stern to Frank Schroeder dated December 2,
1974.
This system was applied in determining that the subject document herein is proprietary.
4.
The information is being transmitted to the Commission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence by the Commission.
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Conway 5.
The information, to the best of my knowledge and belief, is not avail-able in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.
6.
Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:
aO A similar product is manufactured and sold by major pressurized water reactor competitors of Combustion Engineering.
b.
Development of this information by C-E required thousands of manhours and hundreds of thousands of dollars.
To the best of my knowledge and belief, a competitor would have to undergo similar expense in generating equivalent information.
C.
In order to acquire such information, a competitor would also require considerable time and inconvenience to develop the compo-sition and testing results for zirconium based alloys that provide superior corrosion resistance compared to standard Zircaloy-4.
d.
The information required significant effort and expense to obtain the licensing approvals necessary for application of the informa-tion.
Avoidance of this expense would decrease a competitor's cost in applying the information and marketing the product to which the information is applicable.
e.
The information consists of the composition and testing results for zirconium based alloys that provide superior corrosion resis-tance compared to standard Zircaloy-4, the application of which provides a competitive economic advantage.
The availability of such information to competitors would enable them to modify their product to better compete with Combustion Engineering, take marketing or other actions to improve their product's position or impair the position of Combustion Engineering's
- product, and avoid developing similar data and analyses in support of their pro-
- cesses, methods or apparatus.
In pricing Combustion Engineering's products and services, signif-icant research, development, engineering, analytical, manufactur-ing, licensing, quality assurance and other costs and expenses must be included.
The ability of Combustion Engineering's compet-itors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting signifi-cantly lower costs.
9 Use of the information by competitors in the international market-place would increase their ability to market nuclear steam supply systems by reducing the costs associated with their technology
r
Mr. William F.
Conway development.
In addition, disclosure would have an adverse economic impact on Combustion Engineering's potential for obtain-ing or maintaining foreign licensees.
We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Combustion Engineering's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, we have determined that the document entitled "Safety Evaluation Report for Use of Advanced Zirconium Based Cladding Materials in PVNGS Unit 3 Batch F Demonstration Fuel Assemblies,"
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.
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, for example, if the scope of a Freed'om 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'dvance of any public disclosure.
- incerely, Catherine M. Thompson, Project Manager Project Directorate V
Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc:
See next page
Mr. William F.
Conway April 16, 1992 development.
In addition, disclosure would have an adverse economic impact on Combustion Engineering's potential for obtain-ing or maintaining foreign licensees.
We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Combustion Engineering's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, we have determined that the document entitled "Safety Evaluation Report for Use of Advanced Zirconium Based Cladding Materials in PVNGS Unit 3 Batch F Demonstration Fuel Assemblies,"
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.
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, for example, 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, Original Signed By:
Catherine M. Thompson, Project Manager Project Directorate V
Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc:
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'OCUMENT NAME:
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Hr. William F.
Conway Arizona Public Service Company Palo Verde cc Nancy C. Loftin, Esq.
Corporate Secretary 8 Counsel Arizona Public Service Company P.O.
Box 53999 HS 9068
- Phoenix, Arizona 85072-3999 Jack R.
- Newman, Esq.
Newman
& Holtzinger, P.C.
1615 L Street, N.W., Suite 1000 Washington, D.C.
20036 James A. Beoletto, Esq.
Southern California Edison Company P.
O.
Box 800
- Rosemead, California 91770 Senior Resident Inspector U.S. Nuclear Regulatory Commission HC-03 Box 293-NR Buckeye, Arizona 85326 Regional Administrator, Region V
U.
S. Nuclear Regulatory Commission 1450 Haria Lane Suite 210 Walnut Creek, California 94596 Ignacio R. Troncoso Senior Vice President El Paso Electric Company Post Office Box 982 El Paso, Texas 79960 Roy P.
Lessey, Jr.,
Esq.
Bradley W. Jones, Esq.
Akin, Gump, Strauss, Hauer and Feld El Paso Electric Company 1333 New Hampshire Ave., Suite 400
'Washington, D.C.
20036 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations ABB Combustion Engineering Nuclear Power 12300 Twinbrook Parkway, Suite 330 Rockville, Haryland 20852 Hr. William A. Wright, Acting Director Arizona Radiation Regulatory Agency 4814 South 40 Street
- Phoenix, Arizona 85040 Chairman Haricopa County Board of Supervisors 111 South Third Avenue
- Phoenix, Arizona 85003
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Docket No. 50-530 UNITED STATES NUCLEAR REGULATORY COIVIMISSION WASHINGTON, D.C. 20555 March 27, 1991 Mr. William F.
Conway Executive Vice President, Nuclear Arizona Pub 1 ic Ser vice Company Post Office Box 53999 Phoenix, Arizona 85072-3999
Dear Mr. Conway:
SUBJECT:
REQUEST FOR TEMPORARY WAIVER OF COMPLIANCE - TABLE 3.4-3 OF LIMITING CONDITION FOR OPERATION 3.4.8.1 This letter ackrIowledges the granting of a temporary waiver of compliance to Palo Verde Nuclear Generating Station (PVNGS), Unit 3, from the cooldown rate requirements below 93'F of Table 3.4-3 of Technical Specification Limiting Condition for Operation 3.4.8.1 during the time the reactor vessel head is fully detensioned in the current Cycle 3 refueling outage.
The temporary waiver of compliance was verbally granted on March 25, 1991, by NRC's Office of Nuclear Reactor Regulation (NRR), with the concurrence of NRC's Region V
Office.
Your letter (161-03837-WFC/JST) to this office, dated March 26, 1991, provides the written basis for the temporary waiver of compliance that you requested and confirms the information you provided to NRR verbally on March 25, 1991.
NRR performed an evaluation of the information you provided and found it justified the basis for your request for a temporary waiver of compliance.
The current allowable cooldown rate of Table 3.4-3 is O'F per hour which would not allow any cooldown below 93'F.
The waiver of compliance is needed during removal of the reactor vessel head and filling of the refueling cavity as well as for the time period when the reactor vessel is defueled and no method of maintaining minimum reactor coolant system (RCS) temperature is available.
Plant operations for refueling require the removal of the reactor vessel head and the transfer of the contents of the refueling water tank into the RCS to fill the refueling cavity.
The water in the refueling water tank is approxi-mately 70'F and its transfer will result in a gradual cooldown of the RCS to below the 93'F limit of Table 3,.4-3 of Limiting Condition of Operations 3.4.8.1, but above the minimum adjusted reference temperature for the reactor vessel of 45'F.
The requirements of Table 3.4-3 were introduced in Amendment No.
24 to the Unit 3 Technical Specifications and were the result of a reanalysis of the pressure-temperature (P-T) limits using the more restrictive requirements of Regulatory Guide 1.99, Revision 2, as promulgated by Generic Letter 88-11.
This reanalysis limited cooldown below 93'F to maintain an isothermal condition with the RCS capable of being pressurized.
The maximum allowable cooldown rates specified in Technical Specification 3/4.4.8 are based upon preventing
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William F.
Conway RCS pressures from exceeding the corresponding normal operation pressure-temperature limit, assuming a concurr ent pressurization due to the limiting low temperature overpressurization transient.
We understand that prior to and during the period of this waiver, the RCS will be protected from the possibility of an overpressurization event by ensuring the vessel head is fully detensioned.
We understand that a request for a Technical Specification Amendment for all three Palo Verde Units to clarify the basis and applicability of Limiting Condition for Operation 3.4.8.1 will be submitted by May 17, 1991.
Based on the above considerations, the staff has concluded that there is sufficient basis to grant the temporary waiver of compliance.
Ifyour understanding of this matter differs from that expressed above, or if you have any questions regarding this matter, please contact me.
S incerely, Grigtnal Slgnd BY:,
Christopher I. Grimes, Acting Assistant Director for Regions IV and V Reactors Division of Reactor Projects III/IV/V Office of Nuclear Reactor Projects cc:
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Arthur C. Gehr, Esq.
Snell 5 Wilmer 3100 Valley Center Phoenix, Arizona 85073 James A. Beoletto, Esq.
Southern California Edison Company P. 0.
Box 800
- Rosemead, California 91770 Senior Resident Inspector 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 Jack R.
- Newman, Esq.
Newman 5 Holtzinger, P.C.
1615 L Street, N.W., Suite 1000 Washington, D.C.
20036 Ignacio R. Troncoso Senior Yice President El Paso Electric Company Post Office Box 982 El Pas'co, Texas 79960 Roy P. Lessey, Jr., Esq.
Bradley W. Jones, Esq.
Akin, Gump, Strauss, Hauer and Feld El Paso Electric Company 1333 New Hampshire Ave., Suite 400 Washington, D.C.
20036
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