ML17334A628
| ML17334A628 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 01/14/1998 |
| From: | John Hickman NRC (Affiliation Not Assigned) |
| To: | Fitzpatrick E INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG |
| References | |
| NUDOCS 9801260120 | |
| Download: ML17334A628 (6) | |
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UNITED STATES NUCLEAR REGULATORY COIVIMISSION WASHINGTON, D.C. 2055&4001 January 14, 1998 2/WX4 Mr. E. E. Fitzpatrick, Vice President Indiana Michigan Power Company Nuclear Generation Group 500 Circle Drive Buchanan, Ml 49107
SUBJECT:
REQUEST FOR WITHHOLDINGINFORMATIONFROM PUBLIC DISCLOSURE-DONALDC. COOK NUCLEAR PLANT, UNITNOS.
1 AND 2
Dear Mr. Fitzpatrick:
By your application dated October 8, 1997, you submitted as Attachment 5, Sections 2 and 3 of the proprietary draft report entitled "MAAPSmall Break LOCAAnalysis for the D.C. Cook Plant," by Fauske 8 Associates, Inc. (Fauske), a wholly owned subsidiary of the Westinghouse Electric Corporation (Westinghouse) and an affidavit dated October 2, 1997, from Fauske executed by Robert E. Henry that requested that the report be withheld from public disclosure pursuant to 10 CFR 2.790.
Subsequently, by your letter dated October 21, 1997, you submitted a non-proprietary version of Sections 2 and 3 of the proprietary draft report entitled "MAAP Small Break LOCAAnalysis for the D.C. Cook Plant," by Fauske, the owner of the information.
Fauske 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; (b)
It consists of supporting data, including test date, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g. by optimization or improved marketability; (c)
Its use 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; (d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers; (e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse; and (f)
It contains patentable ideas, for which patent protection may be desirable.
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r-D I (g) it is not the property of Westinghouse, but must be treated as proprietary by gt Westinghouse according to agreements with the owner.
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E. Fitzpatrick, We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Fauske'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 consisting of Sections 2 and 3 of the proprietary draft report entitled "MAAP Small Break LOCA Analysis for the D.C. Cook Plant," of the submitted information marked as proprietary (Attachment 5 to your October 8, 1997, letter) 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, ifany, of persons properly and directly concerned to inspect the documents.
Ifthe 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.
Ifthe 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 Nuclear Regulatory Commission (NRC). You also should understand that the NRC may have cause to review this determination in the future, for example, ifthe 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, ohn B. Hickman, Project Manager Project Directorate III-3 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation Docket Nos. 50-315 and 50-316 cc: See next page
E. Fitzpatrick We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Fauske'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 consisting of Sections 2 and 3 of the proprietary draft report entitled "MAAPSmall Break LOCAAnalysis for the D.C. Cook Plant," of the submitted information marked as proprietary (Attachment 5 to your October 8, 1997, letter) willbe 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, ifany, of persons properly and directly concerned to inspect the documents.
Ifthe 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.
Ifthe 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 Nuclear Regulatory Commission (NRC). You also should understand that the NRC may have cause to review this determination in the future, for example, ifthe scope of a Freedom of Information Act request includes your information.
In all review situations, ifthe NRC makes a determination adverse to the above, you willbe notified in advance of any public disclosure.
Sincerely, Original signed by:
John B. Hickman, Project Managei Project Directorate III-3 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation Docket Nos. 50-315 and 50-316 cc: See next page TlmlZIDR Docket File EAdensam (EGA1)
GMarcus CBerlinger MPSiemien, OGC (and e-mail MPS)
PUBLIC PD3-3 R/F BBurgess, Rill RLobel DOCUMENT NAME: G:iDCCOOIQCO971008.PRO To receive a co ofthis document, indicate In the box: "C"~ Co without enctosures "E"~ Co with enciosures "N"~ No co OFFICE PM:PD33 C
NAME JHickman DATE 12/ /7/97 CJamerson Q
12/IS /97 CBerlinger 12/
/97 OFFICIALR CORD CO Y LA:PD33 C
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E. Fitzpatrick We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Fauske'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 consisting of Sections 2 and 3 of the proprietary draff report entitled "MAAPSmall Break LOCAAnalysis for the D.C. Cook Plant," of the submitted information marked as proprietary (Attachment 5 to your October 8, 1997, letter) 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, ifany, of persons properly and directly concerned to inspect the documents.
Ifthe 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.
Ifthe 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 Nuclear Regulatory Commission (NRC). You also should understand that the NRC may have cause to review this determination in the future, for example, ifthe scope of a Freedom of Information Act request includes your information.
In all review situations, ifthe NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, Original signed by:
John B. Hickman, Project Manager Project Directorate III-3 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation Docket Nos. 50-315 and 50-316 cc: See next page Docket File EAdensam (EGA1)
GMarcus CB'erlinger MPSiemien, OGC (and e-mail MPS)
PUBLIC PD3-3 R/F BBurgess, Rill RLobel DOCUMENT NAME: G:iDCCOOK'tc0971008.PRO To receive a co ofthis document, indicate In the box: "C" = Co without enctosures "E""-Co with enctosures "N"~ No co OFFICE PMPD33 C
LAPD33 C
BCSPL OGC NAME JHickman DATE 12/ /7/97 CJamerson Q
12//8/97 CBerlinger, 12/
/97.
MPSiemien~
OFFICIAL R CORD COPY
E. E. Fitzpatrick Indiana Michigan Power Company CC:
Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Attorney General Department of Attorney General 525 West Ottawa Street Lansing, Ml 48913 Township Supervisor Lake Township Hall P.O. Box 818 Bridgman, Ml 49106 AI Blind, Site Vice President Donald C. Cook Nuclear Plant 1 Cook Place Bridgman, Ml 49106 U.S. Nuclear Regulatory Commission Resident Inspector's Office 7700 Red Arrow Highway Stevensville, Ml 49127 Gerald Charnoff, Esquire Shaw, Pittman, Potts and Trowbridge 2300 N Street, NW.
Washington, DC 20037 Mayor, City of Bridgman P.O. Box 366 Bridgman, Ml 49106 Special Assistant to the Governor Room 1 - State Capitol Lansing, Ml 48909 Drinking Water and Radiological Protection Division Michigan Department of Environmental Quality 3423 N. Martin Luther King Jr Blvd P.O. Box 30630 CPH Mailroom Lansing, Ml 48909-8130 Donald C. Cook Nuclear Plant Units 1 and 2 Steve J. Brewer Indiana Michigan Power Company Nuclear Generation Group 500 Circle Drive Buchanan, Ml 49107