ML17310B250

Informs That NRC Has Reviewed,Per Request,Proprietary Document, Reload Analysis Methodology for Palo Verde Nuclear Generating Station,Rev 00-P-A, Feb 1993.Per 10CFR2.790,info Will Be Withheld from Public Disclosure

ML17310B250
Person / Time
Site:	Palo Verde
Issue date:	04/29/1994
From:	Linh Tran Office of Nuclear Reactor Regulation
To:	Conway W ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR
References
NUDOCS 9405040206
Download: ML17310B250 (11)

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, O.C. 2055&000I April 29, 1994 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:

RE(VEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE APPROVED RELOAD ANALYSIS METHODOLOGY REPORT-PALO VERDE NUCLEAR GENERATING STATION By your letter dated September 15,

1993, and an affidavit dated August 23,

1993, signed by S.

A. Toelle of Combustion Engineering, Inc., you requested that the following proprietary document be withheld from public disclosure pursuant to 10 CFR 2.790:

"Reload Analysis Methodology for the Palo Verde Nuclear Generating

Station, Revision OO-P-A," February 1993 Also enclosed is a nonproprietary version of the above document.

The Combustion Engineering 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 sought to be withheld from public disclosure, which is owned and has been held in confidence by Combustion Engineering, is the reload design

process, including the computer programs utilized and the scope of analyses performed for the Palo Verde Nuclear Generating Station.

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 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.

a.

A similar product is manufactured and, sold by major pressurized water reactor competitors of Combustion Engineering.

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

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Hr. William F.

Conway b.

Development of this information by C-E required tens of thousands of manhours and millions of dollars.

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 reload design

process, including the computer programs utilized and the scope of analyses performed for the Palo Verde Nuclear Generating Station.

d.

The information consists of the reload design process, including the computer programs utilized and the scope of analyses performed for the Palo Verde Nuclear Generating Station, 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.

e.

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

We have reviewed your letter and the material based on the requirements and criteria of 10 CFR 2.790

and, on the basis of the Combustion Engineering

'ffidavit, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the version of the submitted information 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 documents.

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

J

Nr. William F.

Conway future, for example, 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, Linh N. Tran, Project Hanager Project Directorate IV-3 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation cc:

See next page

Mr. William F.

Conway 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 Palo Verde Nuclear Generating Station 5951 S. Wintersburg Road

Tonopah, Arizona 85354-7537 Regional Administrator, Region IV U. S. Nuclear Regulatory Commission Harris Tower

& Pavillion 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations ABB Combustion Engineering Nuclear Power'2300 Twinbrook Parkway, Suite 330 Rockville, Maryland 20852 Mr. Aubrey V. Godwin, 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 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.

Akin, Gump, Strauss, Hauer and Feld El Paso Electric Company 1333 New Hampshire Ave., Suite 400 Washington, D.C.

20036 Ms. Angela K. Krainik, Manager Nuclear Licensing Arizona Public Service Company P. 0.

Box 52034

Phoenix, Arizona 85072-2034

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Mr. William F.

Conway April 29, 1994 future, for example, 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, cc:

See next page DISTRIBUTION Docket File NRC

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Conway April 29, 1994 future, for example, if the scope of a Freedom of Information Act request includes your information.

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Sincerely, cc:

See next page DISTRIBUTION tDocket File,'RC

5. Local PDRs PDIV-3 R/F JRoe EAdensam TQuay DFoster-Curseen LTran MSi emi en, (15B18)

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