ML17313B045

Informs That Info Submitted by Application Re CEN-630-P,Rev 2,submitted as Encl 4 to 990526 Application, Marked Proprietary,Will Be Withheld from Public Disclosure, Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954

ML17313B045
Person / Time
Site:	Palo Verde
Issue date:	08/10/1999
From:	Kalayanam N NRC (Affiliation Not Assigned)
To:	James M. Levine ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR
References
TAC-MA98920, TAC-MA98921, TAC-MA98922, NUDOCS 9908120062
Download: ML17313B045 (8)

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 10, 1999 Mr. James M. Levine Senior Vice President, Nuclear Arizona Public Service Company P. O. Box 53999 Phoenix, AZ 85072-3999

SUBJECT:

PALO VERDE NUCLEAR GENERATING STATION UNITS 1, 2, AND3-REQUEST FOR WITHHOLDINGINFORMATIONFROM PUBLIC DISCLOSURE (TAC NOS. MA98920, MA98921, AND MA98922)

Dear Mr. Levine:

By your application dated May 26, 1999, and Combustion Engineering, Inc.'s (CE's) affidavit dated April 2, 1999, executed by W. J. Gill, you submitted a supplement to a May 23, 1997, application for amendment on steam generator tube sleeving and requested that Enclosure 4, CEN-630-P, Revision 2, "Repair of 3/4" O.D. [Outer Diameter] Steam Generator Tubes Using Leak Tight Sleeves," dated Jun'e 1997 be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version had been submitted to NRC on September 16, 1997, for placement in the NRC public document room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

A similar product is manufactured and sold by major pressurized water reactor (PWR) competitors of CE.

2.

Development of this information by GE required millions of dollars and thousands of manhours of effort; A competitor would have to undergo similar expense in generating equivalent information.

ln order to acquire such information, a competitor would also require considerable time and inconvenience to develop the design and installation process for a welded sleeve for repairing 3/4-inch O.D. steam generator tubes.

4.

The information consistsof details concerning the design, development, and installation process for a welded sleeve for repairing 3/4-inch O.D. steam generator tubes, 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 CE, take marketing or.other actions to improve their product's position or impair the position of CE's product, and avoid developing similar data and analyses in support of their processes, methods, or apparatus.

In pricing CE's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included. The ability of CE's competitors to utilize such information without 9908f20062 9908f0 PDR ADOCK 05000528 P

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J.M. Levine similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

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 technology development.

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

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

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Therefore, the version of the submitted information (CEN-630-P, Revision 02, submitted as to the May 26, 1999, application) 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 a'ppropiiate 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 also should 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 makes a determination adverse to the above, you willbe notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1480.

Sincerely,

/s/

Nageswaran Kalyanam, Project Manager, Section 2 Project Directorate IV & Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. STN 50-528, STN 50-529, and STN 50-530 cc: See next page DISTRIBUTION PUBLIC PDIV-2 Rdg SRI'chards (clo)

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J.M. Levine similar expenditure of resources may enable them to sell at prices reflecting significantly lowei costs.

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 technology development.

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

We have reviewed your application arid the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version of the submitted information (CEN-630-P, Revision 02, submitted as to the May 26, 1999, application) marked as proprietary willbe withheld from public dis losure 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 also should 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 makes a determination adverse to the above, you willbe notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1 480.

h Sincerely, Nageswaran Kalyanam, Project Manager, Section 2 Project Directorate IV 8 Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. STN 50-528, STN 50-529, and STN 50-530 cc: See next page

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Palo Verde Generating Station, Units 1, 2, and 3 CC:

Mr. Steve Olea Arizona Corporation Commission 1200 W. Washington Street Phoenix, AZ 85007 Douglas Kent Porter Senior Counsel Southern California Edison Company Law Department, Generation Resources P.O. Box 800 Rosemead,.CA 91770 Settlor Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 40 Buckeye, AZ 85326 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower & Pavillion 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 Chairman, Board of Supervisors ATTN: Chairman 301 W. Jefferson, 10th Floor Phoenix, AZ 85003 Mr. Aubrey V. Godwin, Director Arizona Radiation Regulatory Agency 4814 South 40 Street Phoenix, AZ 85040 Ms. Angela K. Krainik, Manager Nuclear Licensing Arizona Public Service Company P.O. Box 52034 Phoenix, AZ 85072-2034 Mr. David Summers Public Service Company of New Mexico 414 Silver SNl, ¹1206 Albuquerque, NM 87102 Mr. Jarlath Curran Southern Chlifornia Edison Company 5000 Pacific Coast Hwy Bldg DIN San Clemente, CA 92672 Mr. Robert Henry Salt River'Project 6504 East Thomas Road Scottsdale, AZ 85251 Terry Bassham, Esq.

General Counsel El Paso Electric Company 123 W. Mills El Paso, TX 79901 Mr. John Schumann Los Angeles Department of Water & Power Southern California Public Power Authority P.O. Box 51111, Room 1255-C Los Angeles, CA 90051 W. J. Gill, Vice President Engineerinq Services Combustion Engineering, Inc.

1000 Prospect Hill Road P. O. Box 500 Windsor, CN 06095-0500 Mr. John C. Horne Vice President, Power Generation El Paso Electric Company 2702 N. Third Street, Suite 3040 Phoenix, AZ 85004 May 19,1999

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