ML18100A809
| ML18100A809 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 01/07/1994 |
| From: | Stone J Office of Nuclear Reactor Regulation |
| To: | Miltenberger S Public Service Electric & Gas Co, of New Jersey |
| References | |
| TAC-M83507, TAC-M83508 NUDOCS 9401140009 | |
| Download: ML18100A809 (4) | |
Text
- .t.
_j.,
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 Docket Nos. 50-272 and 50-311 Mr. Steven E. Miltenberger Vice President and Chief Nuclear Officer Public Service Electric and Gas Company Post Office Box 236 Hancocks Bridge, New Jersey 08038
Dear Mr. Miltenberger:
January 7, 1994
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, COMBUSTION ENGINEERING REPORT ON UPPER-SHELF ENERGY, SALEM NUCLEAR GENERATING STATION, UNITS 1 AND 2 (TAC NOS. M83507 AND M83508)
By Public Service Electric and Gas Company's (PSE&G) application dated December 1, 1993, and the Combustion Engineering (CE) affidavit of S. A.
Toelle dated November 22, 1993, PSE&G submitted a Combustion Engineering report with information about upper-shelf energies for Salem, Units 1 and 2, reactor vessels and requested that it be withheld from pubic disclosure pursuant to 10 CFR 2.790.
CE stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
- 1.
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.
- 2.
Development of this information by Combustion Engineering required hundreds of manhours and hundreds of thousands of dollars.
To the best of their knowledge and belief, a competitor would have to undergo similar expense in generating equivalent information.
- 3.
In order to acquire such information, competitor would also require considerable time and inconvenience to determine the specific mechanical properties of weld materials used by Combustion Engineering to fabricate reactor vessels.
- 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 the specific mechanical properties of weld materials used by Combustion Engineering to fabricate reactor vess*e ls, 19Q_n-; 4 v........
9401.140009 -940107
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PDR - ADOCK; 05000272
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PDR' J
Steven January 7, 1994 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 Combustion Engineering, take marketing or other actions to improve their product's position or impair the position of Combustion Engineering's product, and avoid developing similar data and analyses in support of their processes, methods, or apparatus.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of the vendor'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 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 so 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:
See next page DI STR IBUTI ON Docket File NRC & Local PDRs PDI-2 Reading SVarga JCalvo CMil l er OFFICE NAME Sincerely,
/SI James C. Stone, Senior Project Manager Project Directorate I-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation JStone MO' Brien OGC-MPSiemien ACRS(lO)
JStrosnider EWenzin er, 93 JWhite, RGN-I OGC MPSiemien I
PDI-2 D CMil l er G I 1 /9
i.
Steven January 7, 1994 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 Combustion Engineering, take marketing or other actions to improve their product's position or impair the position of Combustion Engineering's product, and avoid developing similar data and analyses in support of their processes, r111ethods, or apparatus.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of the vendor'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 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 so 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:
See next page Sincerely, rc.~
James C. Stone, Senior Project Manager Project Directorate 1-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation
l.
- .-M~. Steven E. Mi lteAger
~
- Public Service Elect~c & Gas Company cc:
Mark J. Wetterhahn, Esquire Winston & Strawn 1400 L Street NW Washington, DC 20005-3502 Richard Fryling, Jr., Esquire Law Department - Tower SE 80 Park Place Newark, NJ 07101 Mr. Calvin A. Vondra General Manager - Salem Operations Salem Generating Station P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. J. Hagan Vice President - Nuclear Operations Nuclear Department P.O. Box 236 Hancocks Bridge, New Jersey 08038 Mr. Charles S. Marschall, Senior Resident Inspector Salem Generating Station U.S. Nuclear Regulatory Commission Drawer I Hancocks Bridge, NJ 08038 Dr. Jill Lipoti, Asst. Director Radiation Protection Programs NJ Department of Environmental Protection and Energy CN 415 Trenton, NJ 08625-0415 Maryland People's Counsel American Building, 9th Floor 231 East Baltimore Street Baltimore, Maryland 21202 Maryland Mr. J. T. Robb, Director Joint Owners Affairs Philadelphia Electric Company 955 Chesterbrook Blvd., SlA-13 Wayne, PA 19087 Mr. S. LaBruna Vice President - Nuclear Engineering Nuclear Department P.O. Box 236 Hancocks Bridge, New Jersey 08038 Salem Nucl~Generating Station, Un its 1 alllf' 2 Richard Hartung Electric Service Evaluation Board of Regulatory Commissioners 2 Gateway Center, Tenth Floor Newark, NJ 07102 Regional Administrator, Region I U. S. Nuclear Regula~9ry Commission 475 Allendale Road King of Prussia, PA 19406 Lower Alloways Creek Township c/o Mary 0. Henderson, Clerk Municipal Building, P.O. Box 157 Hancocks Bridge, NJ 08038 Mr. Frank X. Thomson, Jr., Manager Licensing and Regulation Nuclear Department P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. David Wersan Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120 Mr. J. A. Isabella MGR. - Generation Department Atlantic Electric Company
- P.O. Box 1500 1199 Black Horse Pike Pleasantville, NJ 08232 Carl D. Schaefer External Operations - Nuclear Delmarva Power & Light Company P.O. Box 231 Wilmington, DE 19899 Public Service Commission of Engineering Division Chief Engineer 6 St. Paul Centre Baltimore, MD 21202~6806 S. A. Toelle, Manager Licensing and Regulation Combustion Engineering, Inc.
1000 Prospect Hill Road P. 0. Box 500
- Windsor, CT 06095-0500