ML19336A685

Advises That Util 800708 Process Control Program Is Determined to Contain Proprietary Info & Will Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML19336A685
Person / Time
Site:	McGuire, Mcguire
Issue date:	10/09/1980
From:	Youngblood B Office of Nuclear Reactor Regulation
To:	Parker W DUKE POWER CO.
References
NUDOCS 8010300472
Download: ML19336A685 (3)

Text

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e, NUCLEAR REGULATORY COMMISSION 3

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OCT 9 1980 Docket Pos.: 50-369 and 50-370 Mr. William 0. Parker, Jr.

Vice President, Steam Production Duke Power Company P. O. Box 2178 422 South Chur;h Street Charlotte, North Carolina 23242

SUBJECT:

WITHHOLDING FROM PUBLIC 9ISCLOSURE - CHEM-NUCLEAR SYSTEMS INC.

MATERIAL, MCGUIRE NUCLEAR STATION, UNITS 1 AND 2 By your letter, dated July 8, 1980 and Chem-Nuclea-Systems, Inc. affidavit, you transmitted the Process Control Program for McGuire Nuclear Station and reouested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

By your letter, dated August 22, 1980, you transmitted proprietary and non-proprietary versions of Revision 1 to the Process Control Program, and requested that they be withbald from public disclosure pursuant to 10 CFR 2.790.

Your reason for reouesting withholding of this material from public disclosure was that release of this information to the public would harm Chem-Nuclear's competitive status. Chem-Nuclear Systems, Inc. expended extensive resources to develop and improve its radioactive waste disposal services and entered into a contract with Dow Chemical Company in September 1979. Dow licensed Chem-Nuclear to use certain of their proprietary technology, including use of patented processes, relating to a ;hemical system for soldification of low-level radioactive waste matcrials. Under the contract terms, Chem-Nuclear pays a royalty fee to Dow for use of their proprietary information and is restricted from disclosing this information to Chem-Nuclear employees or customers. Release of this infomation to the public would jeopardize the contract agreements between Dow and Chem-Nuclear. Further, release of this information to the public would give an unfair advantage to competitors of Chem-Nuclear and would substantially harm the investment of financial resources and license fees paid Dow for engineering man hours.

We have reviewed your application and material based on the requirements and criteria of 10 CFR 2.790 and have determined that the above-mentioned documents sought to be withheld contain trade secrets or prcprietary comerical information.

We also have found at this time that the right of the public to be fully l

apprised as to the bases for and effects of the proposed action does not-i outweigh the demonstrated concern for protection of your competitive l

position. Accordingly, we have determined that the information should be l

withheld from public disclosure.

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l OCT 9 1930 He therefore approve your request for withho.aing pursuant to Section 2.790 of 10 CFR Part 2 and are withholding the Process Control Program and Revision I to that program frn-

.lic inspection as proprietary.

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, assure that the consultants have signed the appropriate agreements for handling proprietary data.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made 3vailable for public inspection, you should r>romptly notify the NRC.

Sincerely,

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B. J. Youngblood, Branch Chief Liceasing Branch No. 1 Divis'.:n of Licensing cc: Chem-Nuclear Systems, Inc.

P. O. Box 1866 Bellevue, Washington 98009 i

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3 Mr. William 0. Parker, Jr.

Vice President, Steam Production Duke Power Company P. O. Box 2178 422 South Church Street Charlotte, North Carolina 28242 cc: Mr. W. L. Porter David Flesichaker, Esq.

Duke Power Company 1735 Eye Street, N. W.

P. O. Box 2178 Suite 709 422 South Church Street

'*shington, D. C.

20006 Charlotte, North Carolina 28242 Richard P. Wilson, Esq.

t Mr. R. S. Howard Assistant Attorney General Power Systems Division State of South Carolina Westingnouse Electric Corporation 2600 Bull Street P. O. Box 355 Columbia, South Carolina 29201 Pittsbuigh, Pennsylvania 15230 Mr. E. J. Keith Office of Intergovernmental Relations 116 West Jones Street Ei, Nuclear Incorporated Raleigh, North Carolina 27603 1

220 Montgomery Street San Francisco, California 94104 County Manager of Mecklenburg County 720 East Fourth Street Mr. J. E. Houghtaling Charlotte, North Carolina 28202 NUS Corporation 2536 Countryside Boulevard U. S. Environmental Protection Agency Clearwater, Florida 33515 ATTN: EIS Coordinator Region IV Office Mr. Jesse L. Riley, President 345 Courtland Street. N. W.

The Carolina Environmental Study Group 854 He11ey Place Atlanta, Georgia 30308 Charlatte, North Carolina 28207 Mr. Tom Donat Resident Inspector McGuire HPS J. Michael McGarry, III, Esq.

c/o USNRC Debevoise & Liberman Post Office Box 216 1200 Seventeenth Street, N. W.

Cornelius, North Carolina 28031 Washington, D. C.

20036 Rober t M. Lazo, Esq., Chairman Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Dr. Emmeth A. Luebke Atomic-Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Dr. Cadet H. Hand, Jr., Director Bodega Marine Lab of California P. O. Box 247 Bodega Bay, California 94923 i

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