ML18101A601
| ML18101A601 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 03/20/1995 |
| From: | Russell W Office of Nuclear Reactor Regulation |
| To: | Eliason L Public Service Enterprise Group |
| References | |
| NUDOCS 9503290087 | |
| Download: ML18101A601 (5) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555--0001 Mr. Leon R. Eliason Chief Nuclear Officer & President-Nuclear Business Unit Public Service Electric and Gas Company Post Office Box 236 Hancocks Bridge, NJ 08038 March 20, 1995
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE-SALEM NUCLEAR GENERATING STATION, UNITS 1 AND 2
Dear Mr. Eliason:
By your application dated December 1, 1993, and the Combustion Engineering (CE} affidavit of S. A. Toelle dated November 22, 1993, you submitted a CE report with information about upper-shelf energies for Salem's reactor vessels
.and requested that it be withheld frbm public disclosure pursuant to 10 CFR 2.790.
On January 7, 1994, the staff made a determination on the application and affidavit that the information submitted contained proprietary informati9n and agreed to withhold the information marked proprietary from public disclosure.
Your reasons for *requesting our withholding of this information were:
- 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, a 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 s*i gn i fi cant effort and expense to obtain the licensing approvals necessary for application of the information.
Avoidance of this expense would decrea_se a competitor'$ c_ost irt
------applying' the -foformafion and marketing the product to which the
- 5.
information is applicable.
The information consists of the specific mechanical properties of we1d materials used by Combustion Engineering to fabricate reactor vessels, the application of which provides a competitive economic advantage.
The availability of such information to competitors would enable them Afl-3 280050 9503290087 950320 PDR ADOCK 05000272
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- Leon 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 C~'s affidavit and all of the supporting information in accordance with the requirements of 10 CFR 2.790 and have concluded that the information sought to be withheld from public disclosure contains proprietary information.
We are currently reviewing earlier reactor vessel proprietary determinations, and our review has now led us to the conclusion that the right of the public to be fully apprised as to the basis for and effects of the proposed action outweighs the demonstrated concern for protection of your competitive position.
The NRC has determined that the submitted information is required in order to show compliance with 10 CFR 50.60 and 10 CFR 50.61.
The subject information must be available in order for the public or other groups to understand the basis upon which you have concluded that you satisfy the rules.
In addition, it is important that all licensees have access to the subject information since the information that is currently marked as proprietary could impact other plants.
For example, variations in mean copper values for plants with high fluences could significantly affect PTS evaluations for PWRs.
Calculation of the PTS screening criteria without all relevant industry data could result in inaccurate, nonconservative 10 CFR 50.61 evaluations.
Overall, public health and safety dictates that this information be made publicly available. This information could also affect the licensee's compliance with the upper-shelf energy and pressure-temperature limit requirements of 10 CFR Part 50, Appendix G.
Accordingly, we have concluded that although the information sought to be withheld from public disclosure meets the requirements of 10 CFR 2.790, the demonstrated competitive position does not outweigh the public's right to be fully apprised of the results of your engineering analyses. Therefore, your request to withhold the CE report as submitted on December 1, 1993, from public disclosure is denied.
Within 30 days from the receipt of this letter, the subject documents will be placed in the Public Document Room.
If, within 30 days of the receipt of this
Leon letter, you request withdrawal of the documents in accordance with 10 CFR 2.790(c}, your request will be considered in light of applicable statutes and regulations and a determination made whether the documents will not be placed in the public document room and will be returned to you.
Docket Nos. 50-272 and 50-311 cc:
See next page DISTRIBUTION:
Docket File PUBLIC PDI-2 R/F WRussell/FMiraglia RZimmerman AThadani JStrosnider JStolz LOl sh an MO'Brien MPSiemien DOCUMENT NAME:
A:\\REJECT.PL Sincerely,
/S/
William T. Russell, Director Office of Nuclear Reactor Regulation To receive a copy of this document, Indicate In the box: "C" = Copy without attachment/enclosure
. opy with attach(1enclosure "N" = No copy OFFICE OGC NAME MPSiemie DATE
~I \\S/95 NAME DATE
Leon R. El i a son letter, you request withdrawal of the documents in accordance with 10 CFR 2.790(c), your request will be considered in light of applicable statutes and regulat~ons and a determination made whether the documents will not be placed in the. pub l i c docu111ent room and will be returned to you.
Docket Nos. 50-272 and 50-311 cc: See next page Sincerely,
~~
William T. Russell, Director Office of Nuclear Reactor Regulation
Mr. Leon R. Eliason e Public Service Electric & Gas Company cc:
Mark J. Wetterhahn, Esquire Winston & Strawn 1400 L Street NW Washington, DC 20005-3502 Richard Fryling, Jr., Esquire Law Department - 1ower SE 80 Park Place Newark, NJ 07101 Mr. John Summers 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 Office of People's Counsel 6 St. Paul Street, 21st Floor Suite 2102 Baltimore, Maryland 21202 Ms. R. A. Kankus Joint Owner Affairs PECO Energy Company 965 Chesterbrook Blvd., 63C-5 Wayne, PA 19087 Mr. S. LaBruna Vice President - Nuclear Engineering Nuclear Department P.O. Box 236 Hancocks Bridge, New Jersey 08038 Salem Nucle~Generating Station, Units I and 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 Regulatory 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 Ms. P. J. Curham MGR. Joint Generation Department Atlantic Electric Company P.O. Box 1500 6801 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 Maryland Engineering Division Chief Engineer 6 St. Paul Centre Baltimore, MD 21202-6806