ML19332D342

Denies 891103 Request for Withholding Info Re Pressurizer 21 Heater Sleeve Repair/Replacement Plan from Public Disclosure Per 10CFR2.790.Addl Justification as to Why Util Holds Info to Be Proprietary Should Be Provided

ML19332D342
Person / Time
Site:	Calvert Cliffs
Issue date:	11/28/1989
From:	Mcneil S Office of Nuclear Reactor Regulation
To:	Creel G BALTIMORE GAS & ELECTRIC CO.
References
TAC-73817, NUDOCS 8912010038
Download: ML19332D342 (4)

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Q UNITED STATES -

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GULATORY COMMISSION h

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' $HINGTON, D. C. 20555 j

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November 28, 1989

. Docket No. 50-318 1

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Mr.-G. C. Creel Vice President ' Nuclear Energy

-Baltimore Gas-and Electric Company

.j Calvert Cliffs Nuclear Power Plant 1

MD Rtes.;2 8 4-'

m-P.O. Box 1535 Lusby, Maryland _ 20657-

Dear. Mr. Creel:

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SUBJECT:

'OENIAL OF REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (UNIT 2 TAC 73817) 4 1By your' letter' dated hovember 3,1989 and the Babco::k & Wilcox affidavit dated October 31,1989. you submitted the Calvert Cliffs,_ Unit 2 Pressurizer No. 21 Heater Sleeve Repair / Replacement Plan and requested that it be withheld from public disclosure pursuant to 10_ CFR 2.790.

TYour reasons for-requesting our withholding-of this infor' nation were:

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1.

-The information-has been held in confidence by the Babcock &-Wilcox

. Company.

Copies of the document are clearly identified as= proprietary.

E In addition, whenever Babcock & Wilcox transmits the information'to a i

m customer, customer's agent, potential customer or regulatory agency, the

. transmittal requests the recipient to hold the information as

_ proprietary. - Also, in order to strictly limit any potential or actual customer's use of proprietary information, Babcock & Wilcox-has -

stipulated in 'its contract with purchasers that' any proprietary information concerning Babcock and Wilcox's or its Supplier's products or-manufacturing processes which is so designated by Babcock-& Wilcox and L

' disclosed to Purchaser incident to the performance of such contract shall remain the property. of Babcock and Wilcox or its Suppliers and is disclosed in confidence; and Purchaser shall not publish-or otherwise f

disclose it to others without written approval of Babcock-8 Wilcox.

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2.

This information is of a type customarily held as proprietary by Babcock

.& Wilcox in that the information reveals data or material cencerning g'

Babcock & Wilcox research or development plans or programs of present or rotential competitive advantage tn Babcock & Wilcox.

c 3.

The information has been made available to the United States Nuclear Regulatory Connission in confidence with a request that the document and the information contained therein be withheld from public disclosure, jg20$h e

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4.

The. infonnation is not ava'ilable in the open literature and to the best of our knowledge is not known by Combustion Engineering, Exxon, General Electric, Westinghouse or other current or potential. domestic or foreign competitors of Babcock & Wilcox.

5.-

Public disclosure of the infonnation is likely to cause harm to the competitive position of Babcock & Wilcox as:

a.

The use of the-information by a competitor would decrease his

-expenditures, in time or reseurces, in designing, producing or marketing a similar product.

b.

'The information reveals special aspects of a process, method's component or the like, the exclusive use of which results in a competitive advantage to Babcock & Wilcox.

c.

The'information contains ideas for which patent protection may be sought.

We have reviewed your submittal and all of the supporting information in accordance with the requirements of 10 CFR 2.790 and have concluded that significant portions of the information, which the Baltimore Gas and Electric

. Company and Sabcock & Wilcox sought to have withheld from public disclosure as containing trade secrets or proprietary information, is openly available to the public on tha NRC. dockets for Calvert Cliffs Units 1 and 2 (Docket Numbers

. 05000317 and 05000318, respectively) or has been disclosed previously to NRC

. staff members or at public meetings without restriction. This information was freely orevided or, submitted by the Baltimore-Gas and Electric Company to the NRC, during.the period of July 4 to October 27, 1989 and was characterized as material not constituting trade secret or proprietary information.

l Accordingly, we have found, due to the prior public access to significant portions of the infonnation submf tted on November 3,1989, that this information, in its entirety, does not constitute trade secret or proprietary infonnation and that the requested withhciding of this information shall be L

disallowed in accordance with the requirerents of 10 CFR 2.790.

Within 30 days of the date of issuance of this letter, the subject documents will be placed in the Public Document Rooms. Within thirty (30) days of the date of issuance of this letter, please provide either additional written justification, in accordance with the requireents of 10 CFR 2.790(b), as to why you hold this information to be proprietary, or a request for withdrawal i

of the docu:nents in accordance with 10 CFR 2.790(c).

If you submit further

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' November 28, 1989 N

. justification, please reconcile the aforementioned prior releases of information y"

' with your ~ assertion that this information, in its entirity, is proprietary.. If

'-you request withdrawal: of the documents,-your request will.be considered in-

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-light of applicable statutes.and regulations-and a determination made whether?

the documents will be withheld from public disclosure and returned to you.

Sincerely,>

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Scott Alexander McNeil. Project Manager e

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Project Directorate.I-1 _

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J Division of Reactor Projects - I/II-

- Office of' Nuclear Reactor Regulationk

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DATE ;:11/41/891: 11/13/89

11/21/89 :11/23/89 :

e :3 ; 0FFILIAL RECORD OP

Document Name:

REQUEST WITHHOLDING INFO 73817 i

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. - f.S r,. c Mr. G. C. Creel Baltimore Gas & Electric Company Calvert Cliffs Nuclear Power Plant cc: Mr. William T. Bowen, President Mr. Joseph H. Walter Calvert County Board of Engineering Division- . Commissioners Public Service Comission of Maryland Prince Frederick, Maryland 20678 American Building t 231 E. Baltimore Street Baltimore, Maryland 21202-3486 D. A. Brune, Esq. General Counsel' Baltimore Gas aad Electric Company Ms. Kirsten A. Burger, Esq. P. O. Box 1475-Maryland People's Counsel 6 Baltimore, Maryland 21203 American Building, 9th Floor 231 E. Baltimore Street Mr. Jay E. Silberg, Esq.. Shaw, Pittman, Potts and Trowbridge _ Baltimore, Maryland 21202 2300 N Street, NW James H. Taylor Washington, DC 20037-Manager - Licensing services B&W Nuclear Service Company Mr. W. J..Lippold, General Supervisor P.O. Box 10539 Technical. Services Engineering Lynchburg, VA 24506 Calvert Cliffs Nuclear Power Plant MD Rts 2 & 4, P. O. Box 1535 Lusby, Maryland 20657 Resident Inspector c/o U.S. Nuclear Regulatory Comission P. O. Box 437 .Lusby, Maryland 20657 l Mr. Thomas Magette l Administrator - Nuclear Evaluations Department of Natural Resources 580 Taylor Avenue Tawes State Office Building PPER B3 Annapolis, Maryland 21401 Regional Administrator, Region I I U.S. Nuclear Regulatory Commission l-a75,Allendale Road King of Prussia, Pennsylvania 19406 E l j 1 l. .}}