ML17348B478

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Informs That Licensee 920205 Submittal, Human Reliability Analysis Approach Using Measurements for Individual Plant Exam NP-6560-L, Will Be Withheld from Public Disclosure (Ref 10CFR2.790))
ML17348B478
Person / Time
Site: Turkey Point  NextEra Energy icon.png
Issue date: 04/17/1992
From: Raghavan L
Office of Nuclear Reactor Regulation
To: Maccoun J
FLORIDA POWER & LIGHT CO.
References
NUDOCS 9204300356
Download: ML17348B478 (6)


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-.- Docket Nos.

50-250 and 50-251 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 April 17, 1992 Hr. James W. Haccoun Senior Licensing Ad';;inistrator Electric Power Research Institute 3412 Hillview Avenue Palo Alto, California 94303

Dear Hr. Haccoun:

SUBJECT:

TURKEY POINT UNITS 3 AND 4 REQUEST FOR WITHHOLDING INFORHATION FROM PUBLIC DISCLOSURE By Florida Power and Light Company's application dated February 5,

1992, and your affidavit dated November 25, 1991, you submitted "A Human Reliability Analysis Approach Using Heasurements for Individual Plant Examination, NP-6560-L," dated December 1989 and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

You 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 is owned and has been held in confidence by EPRI; 2.

The information is of a type customarily held in confidence by EPRI and is considered to be a trade secret because disclosure would prevent EPRI from licensing the report at fees which would allow EPRI to recover its investment.

In addition, if consultants and other businesses providing services in the nuclear power industry were able to obtain the report, they would be able to use it commercially for profit and avoid spending the large amount of money that EPRI was required to spend.

3.

The information has been transmitted to and received by the Commission in confidence; 4.

The infoFmation sought to be protected is not available in public sources; and 5.

Public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of EPRI and its ability to license the report.

The report can be properly acquired or duplicated by others only with an equivalent investment of time and effort as EPRI has made.

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Hr. James W. Haccoun April 17, 1992 We have reviewed your 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, "A Human Reliability Analysis Approach Using Measurements for Individual Plant Examination, NP-6560-L" dated December

1989, 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, as amended.

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 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, Withholding from public disclosure 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.

cc:

See next page Licensee

/s/

L. Raghavan, Acting Project Manager Project Directorate II-2 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation DISTRIBUTION:

1.Docket File P122 NRC 5 Local PDRs PDII-2 RDG File H. Berkow G. Lainas L. Raghavan D. Miller OGC M.P. Siemien OFFICE IIAME DATE I-2

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Hr. James W. Haccoun Turkey Point Plant CC:

Harold F. Reis, Esquire Newman and Holtzinger, P.C.

1615 L Street, N.W.

Washington, DC 20036 Jack Shreve, Public Counsel Office of the Public Counsel c/o The Florida Legislature 111 West Madison Avenue, Room 812 Tallahassee, Florida 32399-1400 John T. Butler, Esquire

Steel, Hector and Davis 4000 Southeast Financial Center Miami, Florida 33131-2398 Mr. Thomas F. Plunkett, Site Vice President Turkey Point Nuclear, Plant Florida Power and Light Company P.O.

Box 029100 Miami,.Florida 33102 Joaquin Avino County Hanager of Metropolitan Dade County 111 NW 1st Street, 29th Floor Miami, Florida 33128 Senior Resident Inspector Turkey Point Nuclear Generating Station U:S. Nuclear Regulatory Commission P,O.

Box 1448 Homestead, Florida 33090 Mr. Jacob Daniel Nash Office of Radiation Control Department of Health'nd Rehabilitative Services 1317 Winewood Blvd.

Tallahassee, Florida 32399-0700 Mr. Robert G. Nave, Director Emergency Management Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Administrator Department of Environmental Regulation Power Plant Siting Section State of Florida 2600 Blair Stone Road Tallahassee, Florida 32301 Regional Administrator, Region II U.S. Nuclear Regulatory Commission 101 Marietta Street, N.W. Suite 2900 Atlanta, Georgia 30323 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Plant Manager Turkey Point Nuclear Plant Florida Power and Light Company P.O.

Box 029100 Miami, Florida 33102 Hr. R.

E. Grazio Director, Nuclear Licensing Florida Power and Light Company P.O.

Box 14000 Juno

Beach, Florida 33408-0420 Hr. J.

H. Goldberg President - Nuclear Division Florida Power and Light Company P.O.

Box 14000 Juno

Beach, Florida 33408-0420

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