ML17332B007
| ML17332B007 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 11/06/1995 |
| From: | John Hickman NRC (Affiliation Not Assigned) |
| To: | Fitzpatrick E INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG |
| References | |
| NUDOCS 9511090272 | |
| Download: ML17332B007 (4) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055&4001 November;g 1995 p
Mr. E.
E. Fitzpatrick, Vice President Indiana Michigan Power Company c/o American Electric Power Service Corporation 1 Riverside Plaza
- Columbus, OH 43215 SUBJECT'E(VEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (DONALD C.
COOK NUCLEAR PLANT, UNIT NO. 2)
REF Liparulo, N.J.,
Westinghouse, letter to USNRC dated May 26, 1995 (CAW-95-830)
Dear Mr. Fitzpatrick:
By your letter of July 7,
- 1995, and Westinghouse Electric Corporation's letter of May 26,
- 1995, and affidavit executed by Henry Sepp on June 6,
- 1995, you submitted WCAP-13801, "Westinghouse Setpoint Methodology for Protection Systems, D.
C.
Cook Unit 2," August
- 1993, in response to NRC's request for additional information following a May ll, 1995, meeting with NRC on the 1993 system-based instrumentation and control inspection.
In your letter, you requested that WCAP-13801 be withheld from public disclosure pursuant to 10 CFR 2.790.
In Mestinghouse's affidavit they stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(a)
The information reveals the distinguishing aspects of a
process (or component, structure, tool, method, etc.)
where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
(c)
The information, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture,'hipment, installation, assurance of quality, or licensing a similar product.
Me have reviewed your letter, Westinghouse's affidavit, and the material in accordance with the requirements of 10 CFR 2.790 and have determined that the submitted information sought to be withheld contains proprietary commercial information.
Therefore, MCAP-13801, 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.
9511090272 951106 PDR ADQCK 05000316 Q
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E. F..'Fitzpatrick November 6, 1995 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 will be notified in advance of any public disclosure.
Attachment 3 to your July 7, 1995, submittal also contained material (enclosure to a Westinghouse June 14, 1995, letter to Hr. Hark Ackerman, American Electric Power Service Corporation) marked as Westinghouse proprietary.
- However, an application for withholding and affidavit did not accompany this material.
Within 30 days of receipt of this letter, please either (1) provide NRC with the appropriate application for withholding and affidavit in accordance with 10 CFR 2.790(b)(l), or (2) confirm that the material is no longer considered proprietary and therefore may be released to the NRC Public Document Room.
If we do not receive this information by the date stated
- above, Attachment 3 will be placed in the PDR as a nonproprietary document.
Sincerely, Original signed by John B. Hickman, Project Manager Project Directorate III-1 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation Docket Nos. 50-315/50-316 cc:
See next page DISTRIBUTION'ocket File PUBLIC PD3-1 Reading W. Kropp, RIII J.
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ir. E. E-.'itzpatrick Indiana Michigan Power Company CC:
Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, Illinois 60532-4351 Attorney General Department of Attorney General 525 West Ottawa Street Lansing, Michigan 48913 Township Supervisor Lake Township Hall P.O.
Box 818 Bridgman, Michigan 49106 Al Blind, Plant Manager Donald C.
Cook Nuclear Plant 1 Cook Place Bridgman, Michigan 49106 U.S. Nuclear Regulatory Commission Resident Inspector's Office 7700 Red Arrow Highway Stevensville, Michigan 49127 Gerald Charnoff, Esquire
- Shaw, Pittman, Potts and Trowbridge 2300 N Street, N.
W.
Washington, DC 20037 Mayor, City of Bridgman Post Office Box 366 Bridgman, Michigan 49106 Special Assistant to the Governor Room 1 State Capitol Lansing, Michigan 48909 Nuclear Facilities and Environmental Monitoring Section Office Division of Radiological Health Department of Public Health 3423 N. Logan Street P. 0.
Box 30195 Lansing, Michigan 48909 Donald C.
Cook Nuclear Plant Mr. S. Brewer American Electric Power Service Corporation 1 Riverside Plaza
- Columbus, Ohio 43215 Hr. Nicholas J. Liparulo, Manager Nuclear Safety Regulatory 5, Licensing Activities Westinghouse Electric Corporation Box 355 Pittsburgh, PA 15230-0355 hpril 199S