ML18065A921

Advises That Drawings Showing in-vessel Capsule Locations & Dimensions Be Withheld from Public Disclosure Per 10CFR2.790

ML18065A921
Person / Time
Site:	Palisades
Issue date:	09/24/1996
From:	Robert Schaaf NRC (Affiliation Not Assigned)
To:	Bordine T CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
References
NUDOCS 9609260163
Download: ML18065A921 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Thomas C. SE.rd i ne

Manager, Licensi~g Palisades Plant 27780 Blue Sta.r iMemori al Highway Covert, MI 4~3 September 24, 1996

SUBJECT:

REllJEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (PiM..ISADES PLANT)

Dear Mr. Bordf;mv.e:

By your applica~jon dated August 27, 1996, and Combustion Engineering, Inc.'s (CE's) affidavriitt executed by Ian C. Rickard, dated August 26, 1996, you submitted upda.tsed reactor vessel fl uence data and requested that Attachment 3, CE Drawings S~mwing In-Vessel Capsule Locations and Dimensions, be withheld from public disc~osure pursuant to 10 CFR 2.790.

Your nonproprietary version of Attachment J ~ontained only the Title Page as the entire drawings are considered pr~~irietary.

CE stated that t~e submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1.

The info'nmation sought to be withheld from public disclosure is the dimensi~al and design configuration information concerning surveillance capsules and capsule holders and consists of test data or other similar data cornc..erning a process, method, or component, the application of which r~sults in substantial competitive advantage to CE.

2.

Public d]sclosure of the information is likely to cause substantial harm to the ctlflmpetitive position of CE because:

a.

ser;vicing of the capsules and holders could be provided by nuclear sefl"Wices competitors of CE;

b.

in erder to acquire such information, a competitor would require coill!l:siderable time and inconvenience to determine the design co~figuration and location of surveillance capsules and capsule holders so as to perform accurate fluence calculations or service time :holders; and

c.

i~ pricing CE's products and services, significant research, deWtelopment, engineering, analytical, manufacturing, licensing, qua*~ ity assurance and other costs and expenses must be included.

Tbe ability of CE's competitors to utilize such information wi~bout similar expenditure or resources may enable them to sell at prices reflecting significantly lower costs.

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 960926oi63-- 960924*-

l PDR ADOCK 05000255 p

PDR

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T. September 24, 1996 determined that the submitted information sought to be withheld contains proprietary commercial information.

Therefore, Attachment 3, CE Drawings Showing In-Vessel Capsule Locations and Dimensions, 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 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.

Docket No. 50-255 cc:

See next page DISTRIBUTION Docket File PUBLIC PD3-l Rdg J. Roe E. Adensam (EGA!)

M. Jordan, RII I Sincerely, Original Signed By:

Robert Schaaf, Project Manager Project Directorate III-1 Division of Reactor Projects - III/IV Office of Nuclear Reactor Regulation DOCUMENT NAME:

G:\\WPDOCS\\PALISADE\\PA082796.PRO To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure OFFICE LA:PD31 BC:SRXB I".

tJ OGC NAME CJamerson RCJones,Jr MPSi emi en '{Yi DATE I It /96 I d-.(}J96 OFFICIAL RECORD COPY

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T. determined that the submitted information sought to be withheld contains proprietary commercial information.

Therefore, Attachment 3, CE Drawings Showing In-Vessel Capsule locations and Dimensions, 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 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.

Docket No. 50-255 cc:

See next page Sincerely,

f)J!J 1 df Robert Schaaf, Project Manager Project Directorate 111-1 Division of Reactor Projects - III/IV Office of Nuclear Reactor Regulation

Mr. Thomas C. Bordine Consumers Power Company cc:

Mr. Thomas J. Palmisano Plant General Manager Palisades Plant 27780 Blue Star Memorial Highway Covert, Michigan 49043 Mr. Robert A. Fenech Vice President, Nuclear Operations 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 Vice President & 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's Office Palisades Plant 27782 Blue Star Memorial Highway Covert, Michigan 49043 Palisades Plant Drinking Water and Radiological Protection Division Michigan Department of Environmental Quality 3423 N. Martin Luther King Jr Blvd P. 0. Box 30630 CPH Mailroom Lansing, Michigan 48909-8130 Gerald Charnoff, Esquire Shaw, Pittman, Potts and Trowbridge 2300 N Street, N. W.

Washington DC 20037 Michigan Department of Attorney General Special Litigation Division 630 Law Building P.O. Box 30212 Lansing, Michigan 48909 Mr. *Ian C. Rickard Director of Operations Licensing Combustion Engineering, Inc.

1000 Prospect Hill Road P. 0. Box 500 Windsor, CN 06095-0500 August 1996