ML17306B398

Informs That Licensee 930330 Submittal of Document, Sys 80 Inlet Flow Distribution, Will Be Withheld from Public Disclosure,Per 10CFR2.790

ML17306B398
Person / Time
Site:	Palo Verde
Issue date:	04/15/1993
From:	Trammell C Office of Nuclear Reactor Regulation
To:	Conway W ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR
References
NUDOCS 9304200245
Download: ML17306B398 (10)

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t UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 15, 1993 Docket Nos.

50-528, 50-529, and 50-530 Hr. William F.

Conway Executive Vice President, Nuclear Arizona Public Service Company Post Office Box 53999

Phoenix, Arizona 85072-3999

SUBJECT:

REQUEST FOR WITHHOLDING INFORHATION FROH PUBLIC DISCLOSURE PALO VERDE NUCLEAR GENERATING STATION "SYSTEH 80'INLET FLOW DISTRIBUTION" By your letter dated Harch 30,

1993, and by an affidavit dated Harch 11,

1993, signed by S. A. Toelle of Combustion Engineering, Inc., you submitted the document "System 80'Inlet Flow Distribution," dated February

1993, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

Combustion Engineering stated that the document should be designated proprietary 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, concerns experimental data and application of a statistical combination of uncertainties methodology for assessing core inlet flow distribution.

2.

3.

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.

The information" is of a type customarily held in confidence by Combustion Engineering and not customarily disclosed to the public.

Combustion Engineering has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, 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.

H. Stern to Frank Schroeder dated December 2,

1974.

This system was applied in determining that the subject document herein is proprietary.

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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Nr. William F.

Conway 5.

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The information, to the best of my knowledge and belief, is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary~~greements which provide for maintenance of the information in confidence.

Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:

a.

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 tens of thousands of manhours and millions 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 revising and applying a statistical combination of uncertainties methodology for assessing core inlet flow distribution.

d.

The information required significant effort and expense to obtain the licensing approvals necessary for application of the information.

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 experimental data and a statistical combination of uncertainties methodology for assessing core inlet flow distribution, 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 processes, methods or apparatus.

f.

In pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included.

The ability of Combustion Engineering's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

g.

Use of the information by competitors in the international marketplace would increase their ability to market nuclear steam supply systems by reducing the costs associated with their

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I Hr. William F.

Conway April 15, 1993 r

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" technology development.

In addition, disclosure would have an adverse economic'impact 'on Combustion Engineering's potential for obtaining or maintaining foreign licensees.

We have reviewed your submi.ttal and the material in accordance with the requirements of 10 CFR 2.790 and,'n the basis of Combustion Engineering's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefor'e, we have determined that the document entitled "System 80'Inlet Flow Distribution," '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, cc:

See next page Original signed by Charles H. Trammell, Senior Project Manager Project Directorate V

Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation DISTRIBUTION:

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Hr. William F.

Conway technology development.

In addition, disclosure would have an adverse economic impact on Combustion Engineering's potential for obtaining 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 "System 80'Inlet Flow Distribution," 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, cc:

See next page Charles H. Trammell, Senior Project Hanager Project Directorate V

Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation

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Arizona Public Service Company Palo Verde CC:

Mr. Steve Olea Arizona Corporation Commission 1200 W. Washington Street

Phoenix, Arizona 85007 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, Manager Washington Nuclear Operations ABB Combustion Engineering Nuclear Power 12300 Twinbrook Parkway, Suite 330 Rockville, Maryland 20852 Mr. William A. Wright, Acting 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

& Holtzinger, P.C.

1615 L Street, N.W., Suite 1000 Washington, D.C.

20036 Mr. Curtis Hoskins Executive Vice President and Chief Operating Officer Palo Verde Services 2025 N. 3rd Street, Suite 220 Phoenix, Arizona 85004 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. William F.

Conway Executive Vice President, Nuclear Arizona Public Service Company Post Office Box 53999

Phoenix, Arizona 85072-3999

Docket Nos.

50-275 and 50-323 Hr. Gregory H. Rueger Nuclear Power Generation, B14A Pacific Gas and Electric Company 77 Beale Street, Room 1451 P.O.

Box 770000 San Francisco, California 94177

SUBJECT:

INTERIM APPROVAL RELATING TO ASME CODE RELIEF REQUE TS SUBMITTED ON APRIL 13, 1993 FOR DIABLO CANYON NUCLEAR POWER P 'ANT, UNIT NO.

1 (TAC NO.

)

AND UNIT NO.

2 (TAC NO.

)

By letter dated April 13, 1993, Pacific Gas and Elecgric Company (PG&E) submitted a request for relief from the requirements of ASHE Section III, Subsection NC-7142, for Diablo Canyon Units 1 and+.

This relief would allow PG&E to retain the installation of a locked opey~block valve downstream of a relief valve for the positive displacement pu p (PDP).

The NRC staff has performed a preliminary gr view of your April 13, 1993 submittal and has determined that your prpposed alternatives are acceptable on an interim basis until the staff can cop)lete an in-depth evaluation of the relief request.

Since this interim a froval has not resulted from a final review, you should be aware that our safety evaluation of your April 13, 1993 submittal could contain a relief re uest denial.

In summary, the NRC staff has determined that, pursuant to $ 6 CFR 50.55a(a)(3)(i),

granting this interim approval for relief, based on ted administrative controls in place for ensuring the block valves rematch locked open at all times unless the PDP is out of service, will provide pn acceptable level of quality and safety pending completion of the staff's e aluation of your submittal.

If you have any question regarding this issue, please contact me.

Sincerely, cc:

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