ML18058B200
| ML18058B200 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 11/05/1992 |
| From: | Masciantonio A Office of Nuclear Reactor Regulation |
| To: | Slade G CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| References | |
| NUDOCS 9211110103 | |
| Download: ML18058B200 (5) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket No. 50-255 Mr. Gerald B. Slade Plant General Manager Palisades Plant Consumers Power Company 27780 Blue Star Memorial Highway Covert, Michigan 49043
Dear Mr. Slade:
November 5, 1992
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. M83227)
By letter dated June 5, 1992, you submitted information on projected values of RTpts for the Palisades reactor vessel beltline materials.
You requested that portions of your submittal be withheld from public disclosure pursuant to 10 CFR Part 2.790.
The documents for which you requested proprietary handling are identified as Section 2 of "Projected RT~ for the Palisades Reactor Vessel Beltline Materials, May 1992" and Wes~1nghouse Electric Corporation Report WCAP-13362, "Westinghouse Fast Neutron Exposure Methodology for Pressure Vessel Fluence Determination and Dosimetry Evaluation" (Proprietary),
May 1992.
An affidavit dated June 1, 1992, from Westinghouse Electric Corporation, the owner of the information in WCAP-13362, was submitted with the June 5, 1992, letter. Westinghouse stated, in part, 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 Westinghouse.
- 2.
The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.
The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
- 3.
Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage.
Public disclosure of this proprietary information is likely to cause substantial harm t-0 the-competitive position of Westinghouse because it l
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(' vl Mr. Gerald November 5, 1992 would enhance the ability of competitors to provide similar technical information and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate' this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for the development and analysis of similar methodology.
An affidavit dated June 2, 1992, from Combustion Engineering, Inc.(C-E), the owner of Section 2 of the "Projected RT~s" report, was also submitted with the June 5, 1992, letter. Combustion Engineering stated, in part, 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, which is owned and has been held in confidence by Combustion Engineering, is the fabrication process for reactor vessel welds.
- 2.
The information consists of test data or other similar data concerning a process, method or component, the application of which results in substantial competitive advantage to Combustion Engineering.
- 3.
The information is of a type customarily held in confidence by Combustion Engineering and not customarily disclosed to the public.
Combustion Engineering has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.
The details of the aforementioned system were provided to the Nuclear Regulatory Commission via letter DP-537 from F. M. Stern to Frank Schroeder dated December 2, 1974.
This system was applied in determining that the subject document is proprietary.
- 4.
The information is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements_ which provide for maintenance of the information in confidence.
- 5.
Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:
- a.
A similar product is manufactured and sold by major pressurized water reactor competitors of Combustion Engineering.
i-r Mr. Gerald Novem~ef.5, 1992
- b.
Development of this information by C-E ~equired~ thousands o{.
m~rihours and hundreds of thousands of dollars:~ A~cqmpetitor would have to undergo similar expense in generating. equivalent info~mation.
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In order to acquire such information, a competitor::wo~ld'.:also.. ;*::
require corisiderable time and inconvenience to deteimine:the *. ** *.
proper fabrication process for reactor vess_e 11 we] ds)., :. ---:.. - -
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We have reviewed your application and the materiat<.jr{~accor..dan'ceiwitb -the
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requirements of 10 CFR 2.790 and, on the basis o.f..-the affidavh-s., *-,have:.
determined that the submitted information sought tci b~*withh~ld.does contai~:
- proprietary commercial information.
Therefore, WCA~-::-13362°,.'"Westinghouse Fast*-
Neut ran Exposure Methodo 1 ogy _for Pressure Vesse 1 Fl uerl'ce:,,~Deter_mj pat'i on* and<,.__.. ~
Dosimetry Evaluation" (Proprietary}, May 1992, and Section.:1~ qf "Project-ed.
- *.*** 1 RTl?~s for the Palisades Reactor: Vessel Beltl~ne Materials, 'M.a.Y:.199~,:... will Q~-
wh:hheld from public disclosure pursuant to 10 CFR Part 2:Z90(b)(5)"<a_nd, 2 *;~
Section 103(b) of the Atomic energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, if *1ny,;-of*:;
persons properly*and dtrectly 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 ~ourse, ensure that the consultants have signed the appropriate agreements for* handl fog proprietary information.
If the basis for withholding this inform*ation from public inspection shoulq
- change in the future such that the information could then be made available for publ'ic inspeCtion, you should promptly notify the NRC.
You also should understand tha~ the NRC may have cause to review thi~ determination in the *
. (uture, for example, if the scope of a Freedom of Information Act request includes your information.
In all review situ~tions, if the NRC makes a
- determinatio~ adverse to the above, you will be notified i~ advance of any public disclosure.'-
Please*contact me at (301)* 504-1337, _if you have~ any questions regarding the action.
__ cc:
See-next page OFFICE LA:PDIII-1 NAME MShuttle DATE 92 PM:PDill-1 tl41IJ AMasciantonio
/0 z.. 92 Sincerely, Original signed by Armando Masciantonio, Project Manager Project Directorate 111 Division of Reactor Projects 111/IV/V Office 'of Nuclear Reactor_ Reg_ulation :.
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Mr. Gerald B. Slade Consumers Power Company cc:
M. I. Miller, Esquire Sidley & Austin 54th Floor One First National Plaza Chicago, Illinois 60603 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 Mr. Patrick M. Donnelly, Director Safety and Licensing Palisades Plant 27780 Blue Star Memorial Highway Covert, Michigan 49043 U.S. Nuclear Regulatory Commission Resident Inspector Office Palisades Plant 27782 Blue Star Memorial Highway Covert, Michigan 49043 Palisades Plant Nuclear Facilities and Environmental Monitoring Section Office Division of Radiological Health Department of Public Health 3423 N. Logan Street P. O. Box 30195 Lansing, Michigan 48909 Gerald Charnoff, Esquire Shaw, Pittman, Potts and Trowbridge 2300 N Street, N. W.
Washington DC 20037 Mr. David L. Brannen, Vice President Palisades Generating Company c/o Bechtel Power Corporation P. 0.
Box 2166 Houston, Texas, 77252-2166 Roy W. Jones, Manager Strategic Program Development Westinghouse Electric Corporation 4350 Northern Pike Monroeville, Pennsylvania 15146 Alora Davis Committment Tracking System Coordinator Palisades Plant 27780 Blue Star Memorial Hwy.
Covert, Michigan 49043-9530
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DI STR !BUT ION:
tDocRerF7i;:l::@
NRC & Local PDRs PD31 Reading File BBoger JZwolinski LMarsh MShuttleworth AMasciantonio OGC ACRS (10)
Palisade Plant File WShafer, Riii cc: Plant service list
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