ML18059A512

Responds to Request for Withholding Attachment 1 to Encl 1 of C-C Rept TR-MCC-306, Exam of Sections of Pressurizer PORV Line Safe-End Failure from Palisades Nuclear Generating Station, from Public Disclosure Per 10CFR2.790

ML18059A512
Person / Time
Site:	Palisades
Issue date:	11/16/1993
From:	Hsia A Office of Nuclear Reactor Regulation
To:	Toelle S ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
References
TAC-M87760, NUDOCS 9312010136
Download: ML18059A512 (3)

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I UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 16, 1993 Mr. S. A. Toelle, Manager Nuclear Licensing Combustion Engineering, Inc.

1000 Prospect Hill Road P. 0. Box 500 Windsor, Connecticut 06095-0500

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. M87760)

By application dated November 1, 1993, Consumers Power Company (CPCo) submitted additional responses to NRC's October 8, 1993, request for additional information regarding the recent pressurizer safe end crack at the Palisades Plant.

Included in CPCo's submittal was your affidavit dated October 29, 1993, requesting that Attachment 1 (1 page} to Enclosure 1 of the submittal (CE Report TR-MCC-306, "Examination of Sections of the Pressurizer PORV Line Safe-End Failure from the Palisades Nuclear Generating Station,"

October 1993) 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.

A similar product is manufactured and sold by major pressurized water reactor (PWR} competitors of CE.

2.

Development of this information by CE required thousands of manhours and hundreds of thousands of dollars. A competitor would have to undergo similar expense in generating equivalent information.

3.

In order to acquire such information, a competitor would also require considerable time and inconvenience to ascertain the specific material properties pertaining to the Palisades Plant pressurizer.

4.

The information required significant effort and expense to obtain the licensing approvals necessary for application of the information.

Avoidance of this expense would decrease a competitor's cost in applying the information and marketing the product to which the information is applicable.

5.

The information consists of specific fabrication specification and material test data associated with the Palisades Plant pressurizer built by CE, the application of which provides a competitive economic advantage.

The availability of such information to competitors would enable them to modify their product to better compete with CE, take *

• marketing or other actions to improve their product's position or impair the position of CE's product, and avoid developing similar data and

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analyses in support of their processes, methods or apparatus.

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6.

In pricing CE's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be in~luded. The ability of CE's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

7.

Use of the information by competitors in the international marketplace would increase their ability to market nuclear steam supply systems by reducing the costs associated with their technology development.

In addition, disclosure would have an adverse economic impact on CE's potential for obtaining or maintaining foreign licensees.

We have reviewed your application 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 trade secrets or proprietary commercial information.

Therefore, Attachment I (1 page) to Enclosure I of the submittal (CE Report TR-MCC-306, "Examination of Sections of the Pressurizer PORV Line Safe-End Failure from the Palisades Nuclear Generating Station," October 1993) 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.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.

If the neect

• arises, we may send copies of this information to our consultants working in this area.

We wtll, 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.

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Docket File NRC & Local PDRs PD3-l Reading B. Jorgensen, RIII LA:PD3-l Sincerely, Original signed by Anthony H. Hsia, Project Manager Project Directorate III-I Division of Reactor Projects - III/IV/V Office of Nuclear Reactor Regulation A. Blough J. Roe A. Hsia J. Zwolinski C. Jamerson M.P. Siemien, OGC OGC D:PD3-l CJamerson AHHs i a MPS i emi en V'<'f' ABl ough 'to 11/l~/93

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I Consumers Power Company cc:

Mr. Gerald B. Slade Plant General Manager Palisades Plant Consumers Power Company 27780 Blue Star Memorial Highway Covert, Michigan 49043 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. David W. Rogers Safety and Licensing Director 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. 0. Box 30195 Lansing, Michigan 48909 Gerald Charnoff, Esquire Shaw, Pittman, Potts and Trowbridge 2300 N Street, N. W.

Washington DC 20037 Alora Davis Commitment Tracking System Coordinator Palisades Plant Consumers Power Company 27780 Blue Star Memorial Hwy.

Covert, Michigan 49043-9530 Mr. Carl Czajkowski Brookhaven National Laboratory Building 830 Upton, New York 11973 July 1993

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