ML17333A246
| ML17333A246 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 01/03/1996 |
| From: | John Hickman NRC (Affiliation Not Assigned) |
| To: | Fitzpatrick E AMERICAN ELECTRIC POWER SERVICE CORP., INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG |
| References | |
| CAW-95-902, TAC-M93238, NUDOCS 9601110167 | |
| Download: ML17333A246 (6) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 3,
1996 Mr. E.
E. Fitzpatrick, Vice President Indiana Michigan Power Company c/o American Electric Power Service Corporation 1 Riverside Plaza
- Columbus, OH 43215
SUBJECT:
DONALD C.
COOK NUCLEAR PLANT, UNIT NO.
1 - RE(VEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. M93238)
REF:
Liparulo, N.J., Westinghouse, letter to USNRC dated November 17, 1995 (CAW-95-902)
Dear Mr. Fitzpatrick:
By your application dated August 8,
- 1995, you submitted an advance copy of presentation materials entitled "Steam Generator Tube Repair Boundary for Parent Tube Indications in HEJ [hybrid expansion joint] Sleeved Tubes," for a meeting with NRC on August 10, 1995.
By application dated December 1,
- 1995, and Westinghouse Electric Corporation's affidavit executed by Hr. James H.
Brennan dated November 17, 1995, you submitted copies of the above presentation materials identified as WCAP-14513, "Presentation Materials from August 10, 1995 Meeting with American Electric Power Service Corp.,
U.S.
- NRC, and Westinghouse, Concerning Application of the Revised Pressure Boundary Limits for HEJ Sleeved Tubes,"
and requested that these presentation materials be withheld from public disc'Iosure pursuant to 10 CFR 2.790.
Your December 1,
1995, application also included WCAP-14514, a nonproprietary version of the above information.
In Westinghouse's affidavit it, stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
1.
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.
2.
The information, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
3.
The information is expected to be applicable in other licensee submittals in response to certain NRC requirements for steam generator plugging of previously repaired tubes using HEJ sleeves with potential crack indications in the parent tube.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar methodologies and licensing defense services for commercial power reactors without commensurate expenses and would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
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Mr. E.
E. Fitzpatri ck January 3,
1996 We have reviewed your applications, Westinghouse's affidavit, 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.
Therefore, the versions of the submitted information marked as proprietary will be withheld from the 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 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.
'Sincerely, Original signed by Docket No. 50-315 cc:
See next page John B. Hickman, Project Manager Project Directorate 'III-1 Division of Reactor Projects - III/IV Office of Nuclear Reactor Regulation DISTRIBUTION:
/- Dock'et File PUBLIC PD3-1 Reading W. Kropp, RIII J.
Roe Adensam (e)
M.P. Siemien, OGC DOCUMENT NAME:
G:ItWPDOCSiDCCOOKiC0950808.PRO To receive a copy of this document, Indicate In the box: "C
~ Copy without attachment/encloeuro E
sa Copy with attachment/encioeure N I No copy OFFICE LA:PD31 NAME CJamerson DATE 12/I8/95 JHickman 12/i1/9 JStrosni 12/>2/95 OFFICIAL RECORP 0
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vs Mr. E.
E. Fitzpatrick 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
- Sridgman, 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 Mr. Nicholas J. Liparulo;. Manager ---.
Nuclear Safety Regulatory
& Licensing Activities Westinghouse Electric Corporation Box 355 Pittsburgh, PA 15230-0355 Apri 1995
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