ML18059A968
| ML18059A968 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 04/26/1994 |
| From: | Hsia A Office of Nuclear Reactor Regulation |
| To: | Fenech R CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| References | |
| NUDOCS 9405030193 | |
| Download: ML18059A968 (3) | |
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UNITED STATES e NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Docket No~ 50-255 Mr. Robert A. Fenech Vice President, Nuclear Operations Palisades Plant Consumers Power Company 27780 Blue Star Memorial Highway Covert, Michigan 49043
Dear Mr. Fenech:
Apri 1 26, 1994
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By Consumers Power Company's (CPCo) application dated February 23, 1994, and Combustion Engineering's (CE) affidavit dated February 17, 1994, CPCo submitted its revised data on the 10 CFR 50.61 pressurized thermal shock screening criterion and requested that Attachment 1, "Revised RTPT~ for the Palisades Reactor Vessel Axial Welds Containing Heat No. W5214," aated February 1994, be withheld from public disclosure pursuant to 10 CFR 2.790.
CE's affidavit 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 hundreds 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 reactor vessel weld material and mechanical and chemical data used to calculate RTPrs values.
- 4. The information required significant effort and expense to obtain the licensing approvals necessary for application of 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 reactor vessel weld material and mechanical and chemical data used to calculate RTPTs values, 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 analyses in support of their processes, methods or apparatus.
9405030193 940426
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PDR ADOCK 05000255 p
Mr. Robert A.
Fenech~ April 26, 1994
- 6.
In pr1c1ng CE's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included.
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 CE's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the version of the submitted information marked as proprietary (Attachment 1 to CPCo's February 23, 1994 application) 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 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.
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.
cc:
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Docket File NRC & Local PDRs PD3-1 Reading J. Roe cc:
Pl ant Service list LA:PD3-l 04/ i.1194 04ff'194 OFFICIAL RECORD COPY OGC Sincerely, Original signed by:
Anthony H. Hsia, Project Manager Project Directorate III-I Division of Reactor Projects - III/IV Office of Nuclear Reactor Regulation J. Zwo l i n ski L. B. Marsh A. Hsi a C. Jamerson D:PD3-l M. P. Siemien, OGC W. Kropp, Riii MPSiemien LBMarsh 04/JJ194 04/~/94 DOCUMENT NAME:G:\\WPDOCS\\PAL94223.PRO
- --I,,._,
Mr. Robert A. Fenec~
Gonsumers Power Com~
cc:
Mr. Thomas J. Palmisano Plant General Manager Palisades Plant 27780 Blue Star Memorial Highway Covert, MI 49043 Mr. David W. Rogers Plant Safety and Licensing Director Palisades Plant 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 801 Warrenville Road Lisle, Illinois 60532-4351 Jerry Sarno Township Supervisor Covert Township 36197 M-140 Highway Covert, Michigan 49043 Office of the Governor Room 1 - Capitol Building Lansing, Michigan 48913 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 April 1994