ML18079A419

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Responds to Request Made During Limited Appearance in Proceeding.Reed Rept Is Proprietary.Forwards 10CFR2.7960(b)(6),defining Individuals W/Access to Proprietary Info.W/O Encl
ML18079A419
Person / Time
Site: Salem 
Issue date: 04/27/1979
From: Johari Moore
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Jackie Jones
AFFILIATION NOT ASSIGNED
Shared Package
ML18079A418 List:
References
NUDOCS 7906180816
Download: ML18079A419 (2)


Text

I April 27, 1979 Ms. Jean Jones GreemJich, New Jersey

Dear Ms. Jones:

In the Matter of PUBLIC SERVICE ELECTRIC & GAS COMPANY (Salem Nuclear* Generating Station, Unit No. l)

Docket No. 50-272 Proposed Issuance of.Amendment to Facility Operating License No. DPR-70 The Llce11s*ing Board in the Salem Nuclear Generating Station spent fuel pool expansion proceeding has requested the NRC Staff to respond to the request you made during your 1 imited appearance in that proceeding for the General Electric Reed Report.. This letter is in response to your request.* It* is not possible, at this time, for us to -send you a copy of the Reed Report.

The Reed Report (General Electric Nuclear Reactor Study on the subject of *General Electric's Boiling Water Nuclear Steam Supply System prepared under the direction and super-vision of Dr. Charles Reed in 1975 and* the Sub-Task Fore~ Reports

  • which serve as appendices to the Reed Report) came into the poss~ssion of an NRG Atomic Safety and Licensing Board *under a protective order
  • dated January 5, 1979 in another proceeding.

Under this protective order only members of the Licensing Board in that proceeding were given access \\

to a copy of the Reed Report and the related Sub-Task Force Reports.

The General Electric Co. (GE) has alleged that the Reed Rep6rt is a proprietary document and that it should not be disclosed to the public.

GE ha_s taken various positions in support of their proprietary claim.

Until the NRG has fully addressed and/or resolved the issues ~aised by GE., the Reed Report I/Jill continue to be withheld from public disclosure~.

If it is subsequently. determined that the Reed Report, or any part thereof {

may be publicly disclosed, we will inform you of this action.

  • \\*.

l4hen you mentioned the Reed Report iri your limited appearance, you expressed particular concern about 27 safety-related items which you heard were contained in 'that report.

A list of places iii the Reed Report where safety questions were mentioned was compiled by GE shortly after the report 1:1as originated *. The NRC Staff in 1975 reviewed the entire Reed Report in the Washington, D. C. offices of GE to confirm that the

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  • NRG al ready had been informed,.by GE of al 1 the safety-related items identified in the report.

In 1978 *GE was asked by the NRG Staff to document the safety-related items and to provide a summary of the status of resolution-of each item. The requested documentation was provided by GE with a claim that the submittal was confidential business (proprietary) information and a request for withholding from public disclosure _under 10 CFR 2.790 of the Commis.sion's regulati'ons. Subsequently,.. the NRC Staff in the enclosed letter. dated July 10, 1978, approved th~ request for withholding. A determination. that information is proprietary means that only persons who can demonstrate that they are properly and directly concerned with the proprietary information may inspect it. Examples of those persons who should be considered 11properly and 'directly concerned 11 are found in 10 CFR 2.790(b){,6) of our regulations, a copy of which is attached to this letter.

. Enclosures As stated Sincerely, Janice E. Moore Counsel for NRC Staff

,cc w/o encl.: See Salem,Service List NRC Central OELD FF -(2)

Cunningham/Karman Christenbury/Scinto Shapar/Engelhardt JMoore/chron (2)

BHSniith GZech,, 316 Phil.

KHer 1ring, 440 Phil.

LPDR w/D&SS (4)

EShoma'ker, OELD -*

. WMi n,ners, NRR, P-1102 OP'l'ICE~

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