ML18052A664
| ML18052A664 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 08/18/1986 |
| From: | Wambach T Office of Nuclear Reactor Regulation |
| To: | Berry K CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| References | |
| NUDOCS 8608250104 | |
| Download: ML18052A664 (3) | |
Text
Docket No. 50-255 Mr. Kenneth W. Berry Director, Nuclear Licensing Consumers Power Company 1945 West Parnall Road Jackson, Michigan 49201
Dear Mr. Berry:
August 18, 1986
SUBJECT:
REQUEST FOR WITHHOLDJNG INFORMATION FROM PUBLIC DISCLOSURE By your application dated June 11, 1986 and the affidavit dated July 22, 1986 by R. A. Hedrick, President, Technology for Energy Corporation, you submitted
. TEC Report R-86-005 en.titled "Summary Report Reactor Vessel Level Monitoring System and Program Test Series for the Palisades Plant, 11 dated June 1986 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 publ.ic disclosure for the following reasons:
- 1.
The.Document contains information of a proprietary and confidential nature which is not available in public sources.
Based on... experience,... ~ther companies regard info~mation of the kind contained in the *Document as proprietary and confidential.
2.. The information contained in the Document is consi9ered by TEC
- to be proprietary because it reveals certain distingui~hing aspects of the TEC Inadequate Core Cooling System, hereinafter referred to as ICC System, which secure competitive advantage to TEC for reactor vessel coolant level measurement.
The Document also includes information which affords TEC an oppor.tunity* to obtain a compet it {ve advantage over those who *c;to.- f.io(:or rpay"'not know.*or*
use the information contained in the Dqcurrient.
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- 3.
The Document proyides information which r,eve"als:. tti~ TEC ICC
- 4.
System dev_e loped over the past severa 1 years*.-* TEC' has i n'!es-ted *. * '
over one million dollars and many man years* o.f effort_ in.~d~ve]_9P,ing_,
this system.
.~,~
I, The Document contains information whfoh:".i§;,v,ita_l,as a competiti.ve"-
advantage to TEC and would be helpful.to.C:ompetitor.s'of,T.EC.:* The disclosure of the proprietary information 'contained in*: the:* *.
Document to a competitor would permit the competitor. to. reC!uce:*fts expenditure-of money-and manpo_wer and to improve-its* competitive.' -. __, __
position by giving it extremely valuable insi.ghts into *:the TEC ICC System.
It would also result in substantial harm to the composition of TEC.
\\...
- 5.
Based on... experience,... do not believe that the bac~ground, data, and incentives *Of TEC 1 s compet*itors are sufficiently similar to* -*
the corresponding background, data, and incentives of TEC to reasonab1y expect such competitors to be in a position to duplicate TEC 1 s proprietary information contained in the Document without similat ihvestments.
- 6.
In accordance with TEC 1 s policie~*governing the protection and control of information, proprietary information contained in the
.Document has been made available, on a limited basis, to others outside TEC only as required under suitable agreement providing for nondisclos.ure and limited use of the information.
- 7.
The Document has been made available to the U.S. Nuclear Regulatory Commission in confidence, with the stipulation that the information contained in the Document not be duplicated or disclosed, in whole or in part, without the express written consent of Technology for Energy Corporation.
We have reviewed yo~r application an~ the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of the ~tatements contained in the affidavit, have determined that the submitted information sought to be
.withheld contains trade secrets or proprietary commerical information.
Therefore, the 11Summary Report, Reactor Vessei Level Monitoring System and Program lest Series for the Palisades Plant, 11 dated June 1986 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.
With.holding from public inspection shall not affect the right,.if any, of person~ properly and directly concerned to inspect the document.. If th~
need arises, we inay 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 wi thh.o l ding this information from public* inspect ion s.hOul d 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, such as~ if the scope of a Freedom of Information Act request includes yriur information.
In all review situations, if the NRC makes a determination adverse to the above, you* will be notified in.advance of any publfr disclosure.
t Sincerely, Thomas V. Wambach; P*roject Man~rn*er PWR Project Directorate #8. '
- Division of PWR Licensjng..:B **
~**.
Mr. Kenneth W. Berry Consumers Power Company cc:
M. I. Miller, Esquire
- Isham, Lincoln & Beale 51st Floor Three First National Plaza Chicago, Illinois 60602 Mr. Thomas A. McNish, Secretary Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 Judd L. Bacon, Esquire Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 799 Roosevelt Road Glen Ellyn, Illinois 60137 Jerry Sarno Township Supervisor Covert Township 36197 M-140 Highway Covert, Michigan 49043 Office of the Governor Room 1 - Capitol Building Lansing, Michigan 48913 Palisades Plant ATTN:
Mr. Joseph F. Firlit Plant General Manager 27780 Blue Star Memorial Hwy.
Covert, Michigan 49043 Resident Inspector c/o U.S. NRC Palisades Plant 27782 Blue Star Memorial Hwy.
Cov~rt, Mtchi gan_49.043 _
Palisades Plant Nuclear Facilities and Environmental Monitoring Section Office Division of Radiological Health P.O. Box 30035 Lansing, Michigan 48909