ML19210A507
| ML19210A507 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/29/1977 |
| From: | Reid R Office of Nuclear Reactor Regulation |
| To: | Arnold R METROPOLITAN EDISON CO. |
| References | |
| NUDOCS 7910300545 | |
| Download: ML19210A507 (3) | |
Text
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y RIBUTION:
..Dockey tfRC'PDR JUL 2 91977 Local PDR ORB 44 3Rdg.
VStello KRGoller Docket No. 50-289 TJCarter RWReid GZWetzig RIngram Attorney, OELD Metropolitan Edison Company OI&E (3)
ATTN: Mr. R. C. Arnold DEisenhut Vice President - Generation TBAbernathy P. O. Box 542
.JRBuchanan Reading, Pennsylvania 19607 x. 5-16 N y File Gentlemen:
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By letter dated January 31, 1977, you submitted certain Babcock and Wilcox proprietary infomation deleted from the Thr e? Mile Island Nuclear Station Unit No.1 Cycle 3 Reload Report and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
The reasons for requesting our withholding of this infomation were given in an affidavit transmitted by your letter of February 25, 1977.
Section 2.790(b)(1)(ii) of 10 CFR Part 2 of the Commission's regulations requires that each supporting affidavit contain a full statement of the reasons on the basis of which it is claimed that the information should be withheld from public disclosure. The section further requires the statement to " address with specificity" the considerations listed in Section 2.790(b)(4).
Your affidavit has been reviewed in light of the aforementioned paragraphs of the regulations and has been detemined to contain ceneralized state-ments 1acking sufficient factual bases for their support. More particularly,
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we are unable to conclude after review of the statements contained in your affidavit that public disclosure of the specific infomation requested to be withheld is likely to cause substantial ham to the competitive position of the Babcock and Wilcox Company.
Accordingly, consideration should be given to supplenenting the present record with additional factual infomation.
If such action is taken, it is suggested that you furnish specific factual infomation for your application indicating:
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(1) the amount of resources, both in effort and monies, 7JW
/h expended to develop the specific infomation requested f
to be withheld; I[
1491 186 7910300 fVS e
r,,; g - w 2-(2) the names of the competitors to which the affidavit refers:
(3) the ease or difficulty with which the specific infor ation sought to be withheld could be properly acquired by said competitors, taking into account their current capabilities (technicat, economic or othemise):
(4) the comercial advantage to such competitors should they obtain the specific infermation sought to be withheld; (5) why it is likely that as a result of your competitors receiving the above advantages, the Babcock and Wilcox Company's competitive position would be s,ubstantially hamed; and (6) nature of the above ham and any other facts that would indicate that disclosure of the specific infomation sought to be withheld is likely to cause substantial harm to the competitive position of the Babcock and Wilcox Company.
In sumary, we have detemined that your affidavit is not in confomity with Section 2.790(b) of the Comission's regulations inasmuch as it fails to address the considerations of paragraph b(4)(v) with sufficient specificity to enable us to make the required detemination under Section 2.790(b). Consequently, we are unable to conclude at this time that the information referenced in the affidavit is proprietary.
In accordance with Section 2.790(c) the infomation sought to be withheld will be placed in the Comission's Public Document Room 30 days after the date of this letter unless you either withdraw the information requested to be withheld or provide the Nuclear Regulatory Comission with an amended affidavit meeting the recuirements of Section 2.790(b).
Your prompt response to this information request is solicited to avoid any adverse impact on the previously concluded NRC review and approval of operation of Three Mile Island Nuclear Station Unit No.1 in Cycle 3.
Sincerely, 1491 187 Robert W. Reid, Chief Operating Reactors Branch #4 Division of Operating Reactors ee*
Can nav+ n n ma G e sun a a 6/y/77 L/.2?/77
}&lTi Foran AIC 318 (Rev. 9-53) AECM 0240 W u. s. movsanusm? P=eavine orrics so74.sas.see
Metropolitan Edison Company cc:
G. F. Trowbridge, Esq.
Shaw, Pittman, Potts, & Trowbridge 1800 M Street, N. W.
Washington, D. C.
20036 GPU Service Corporation Richard W. Heward, Project Manager Thomas M. Crimmins, Jr., Safety and Licensing Manager 260 Cherry Hill Road Parsippany, New Jersey 07054 Pennsylvania Electric Company Mr. R. W. Conrad Vice President, Generation 1001 Broad Street Johnstown, Pennsylvania 15907 Mr. Weldon B. Arehart, Chairman Board of Supervisors of Londonderry Township RFD #1, Gefa. s Church Road.
Middletown, Pennsylvania 17057 M~iss Mary V. Southard', Chairman Citizens for a Safe Environment P. O. Box 40d Harrisburg, Pennsylvania 17108 Government Publications Section State Library of Pennsylvania Box 1601 (Education Building)
Harrisburg, Pennsylvania 17126 1 4 9 1 1 8 8'
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