ML19340B002
| ML19340B002 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 09/27/1973 |
| From: | Jennifer Davis US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Brian Lee COMMONWEALTH EDISON CO. |
| Shared Package | |
| ML19340B003 | List: |
| References | |
| NUDOCS 8010170703 | |
| Download: ML19340B002 (10) | |
Text
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t SEP 2 7 1973 i
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Commonwealth Edison Company Docket Nos. 50-10 l-Atta: Mr. Byron Lee, Jr.
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50-249 1
Vice President P. O. Box 767 J
Chicago, T114nois 60690 Gentlemen:
This refers to the letter dated July 16, 1973, from Mr. J. S. Abel to Mr. Boyce H. Grier, Director, Region III, Directorate of Regulatory I
Operations, in which you requested that certain information contained in Regulatory Operations Inspection Report No. 50-10/73-02 and 50-749/73-03 be withheld from public disclosure on the basis that such 1
information is considered proprietary.
1 On the basis of our review of your request we do not agree that the i
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information e1=4=ad to be proprietary is, in fact, proprietary.
With t
respect to the fuel inspection methods used by the General Electric I-Company, we note that these methods are already a matter of public 1
record.
Report No. 5, " Fuel Inspection and Evaluation - Dresden 2",
dated June 4, 1971, and submitted to the Commission by the Commonwealth Edison Company is available in the Public Document Room. With respect to the sunsnary of fuel failure data, sim'Irr data for other plants are available in the Public Document Room, e.g., Regulatory Operations Inspection Report No. 50-271/73-03 regarding Vermont Yankee Nuclear Power l-Corporation.
l 4-Considering the above, we believe that the justification for withholding i
from public disclosure the information identified by you in Report Nos. 50-10/73-02 and 50- 240/73-03 has not been supplied.
In view of k - ( *i l
t-i 801017070 3 9
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SEE 2 I 6 73 Commonwealth Edison Company this situation, we plan to place the reports'in the Comcrission's Public Document Room unless, within 30 days of the date of this letter, you provide us with justification for withholding the information from public disclosure.
In the event you seek to further justify your claim that certain informa-tion ir these reports is proprietary and properly subject to with-holding, such justification should raka into account those matters which f
are identified in the attachment to this letter.
Sincerely, b
I 1
1 M/
John G. Davis, Deputy Director for Field Operations Directorate of Regulatory Operations I
Enclosure:
Conditions for According Proprietary Protection cc:
Mr. John W. Eowe Isham, Lincoln & Beale i
Counselors at Law j
One First National Plaza, 42nd Floor Chicago, Illinois 60670 bec:
D. F. Knuth, R0 Local PDR B. H. Grier, R0 NSIC V. A. Moore, L TIC D. J. Skovholt, L J. P. O'Reilly, RO:I l
N. C Moseley, RO:II J. G. Keppler, RO:III R. U.
Smith, R0:IV l
R. ti. Engelken, RO:V G. Fiorelli, RD:I~I SEE PREVIOUS YELLOU FOR C0t!CURREt,'CES S. E. Bryan, RO 1
G. W. Reinmuth, R0 RO Files DR Central Files j
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Matters To Be Taken Into Account In Determining Whether Information Or Documents Are Proprietary To The Originator 1.
The information or doen= ant has been identified as proprietary by the originator in accordance with the originator's normal procedures with respect to such identification.
2.
The information is of a proprietary nature which is customarily held in confidence by the originator and not customarily made available to the public.
3.
Where such document or the information contained therein has been made available to the United States Atomic Energy Commission, or others, it has been given as a confidential disclosure with a request by the originator that such information not be disclosed or divulged to others.
4.
The document containa information, or the information is, either vital to a carpetitive advantage which the originator may have or information which is potentially helpful to competitors of the originator affecting the interests of the originater, its customers, and suppliers.
5.
In determining whether a document or information is to be identified i
as proprietary, the following procedure has been used by the originator t
asserting such claim:
(a) an initial determination as to whether a j
document or report should be classified as proprietary has been made by the author of the report as the person most knowledgeable with respect to the content of said report, the nature of the sensitivity of information contained therein, the state of the art and knowledge in the industry with respect to the subject matter of said ' port, and the usefulness of the information contained in the report with
.j respect to assisting competitors or giving the originator a ccupetitive advantage relating thereto and (b) thereafter, if a preliminary determination has been made to identify the report as proprietary, that determination has been reveiwed by the manngement level supervisors of the originator of the report and if such determination was approved upon review, the report was identified as proprietary.
I 6.
In determining whether information is proprietary, the following criteria and standards were utilized by the originator.
Information is proprietary if any one of the following are met:
4 a.
It reveals the distinguishing aspects of a process (or a compcnent, structure, tool, method, etc.) whose exclusive use by the originator consititutes a competitive economic advantage over others.
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Cw.unonwealth Edison Company Docket Nos. 50-10 Attn:
Mr. Byron Lee, Jr.
50-249 Vice President P. O. Box 767 Chicago, T111nnis 6 % 90 Gentlemen:
This refers to the letter dated July 16, 1973, from Mr. J. S. Abel to Mr. Boyce H. Crier, Director, Region III, Directorate of Regulatory Operations, in which you requested that certain information contained in Regulatory Operations Inspection Report No. 50-10/73-02 and 50-249/73-03 be withheld from public disclosure on the basis that such information is considered proprietary.
6, vk % j ~d i-c Icque:t _
~7y W h ae reric;c do not agree that the information claimad to be proprietary'sOE, in fact, bc ;;cci:'crcd proprietary. With respect to the fuel inspection methods used by the General Electric Company, we note that these methods are already a matter of public record. Report No. 5, "Poel Inspection and Evaluation - Dresden 2",
dated June 4, 1971, and submitted to the Commission by the Co=monwealth Edison Company is available in the Public Document Room. With respect 1
to the summary of fuel failure data, similar data for other plants are available in the Public Document Room, e.g., Regulatory Operations Inspection Report No. 50-271/73 4 3 regarding Vermont Yankee Nuclear Power Corporation.
We believe that the infor'ation for 1:h proprietary status has been s
claimed is of the type that ou be disclosed under the Co= mission's i
j policy to achieve an effective alance bet. ween legitimate concerns for prctection of co=petitive posit as and the right of the public to be fully apprised of the base,s'for an effects of licensing actions.
k Even if there vere a basis for si ering the information in Report l'
No. 50-10/73-02 and 50-249/73-03
/ proprietary, we find that Co=monwealth Edison Company has not supplie.d suf cient justification for our with-olding this information from p(u/lic isclosure. The basic requirements
. _7_
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Mr. Byron Lee, Jr. N regarding proprietary pr.otection have en spelled out by the Atomic Safety and Licensing Board in ih order dat January 3, 1973, in the matter of l
Wisconsin Electric Power any e al.
(Point Beach N -clear Plant,
{l Unit 2). These requir - n were confirmed by the Atomic Safety and g
Licensing Appeals Board in t proceeding in ALAB 137-RAI-1973 dated 2
July 17, 1973. The requirene a cotisist of seven conditions which docmwnts and information ar quired to satisfy in order to be entitled to te treated as proprieta copy of the condition, is enclosed.
In view of the above, we lan to p ace the subject report in the Public Docmwnt Room unless, w$ thin 30 day of the date of this letter, you j
provide us with c compelling justifi tion for its nondisclosure. The 4
justification must tqke into account he conditions specified in the f
enclosure to this le'.ter.
/
k Sincerely, John G. Davis, Deputy Director for Field Operations Directorate of Regulatory Operations j
t
Enclosure:
Conditions for According Proprietary Protection i
l cc:
j Mr. John W. Rowe Isham, Lincoln & Beale j
Counselors at Law One First National Plaza, 42nd Floor Chicago, Illinois 60670 j
bec:
D. F. Knuth, RO S. E. Bryan, RO B. H. Grier, R0 G. W. Reinmuth, RO V. A. Moore, L RO Files D. J. Skovholt, L DR Centrol Files J. P. O'Reilly, RO:I DR Reading File N. C. Moseley, RO:II PDR G. Fiorelli, RO:III Local PDR i
J. G. Keppler, RO:III NSIC I.
R. W. Smith, RO:IV TIC t-R. H. Engelken, R0:V j
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Conditi Spec fied iy Licensing Board Order of ry 8, 19/3, As Requisite For Accordi g oprietary,Proaection To l
7 2'. n n A Dqcument 1.
The document has been,el-- g4=A as proprietary by the Cu/~T;'
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A pesy in accordance with a p 'l-C y procedures with respect to such j
clase4fic4;;ica.
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The'dm h e * =4-h 4 = ation of a proprietary nature which is 1'
customarily held in confidence by the C;._y_ 4 '-and not customarily oj
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made av 3.lable to the public.
3.
Where such document or the information contained tne ~ tu bas been made l
avail able to the United States Atomic Energy Commission, or others, j
it has been given as a confidential disclosure with a request by the j
% that such information not be disclosed or divulged to others.
j
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, m 'd. p-7 -, l. i 4.
The document'contains infor-etica.either vital to a competitive advantage I
which the M may have, or inf'rmation which is potentially helpful to competitors of the 16empent affecting, the interests of the Cerp=4" 4 "t i
its customers, and suppliers. l u Js.
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mTy!
5.
In determining whether a document is to be ci r cified as proprietary, _q,4 the following procedure has been used by the ir pany asserting such claim:
(a) an initial determination as to whether a document or report should be classified as proprietary has been made by the author of l
the report as the person most knowledgeable with respect to the content of said report, the nature of the sensitivity of information contained I
therein, the state of the art and knowledge in the industry with respect to the subject matter of said report, and the usefulness of the information contained in the report with respect to assisting competitors or giving the*C Z y'a competitive advantage relating j~
- > f1 _ _ thereto and (b) thereafter, if a preliminary determination has been j
made to cl _.ify the report as proprietary, that determination has been reviewed by the management level supervisors of the originator of the report and if such determination was approved upon review, the report was e g i ijd as proprietary.
g 6.
In determining whether information is proprietary, the following criteria and standards were utilized by t.he Information is proprietary if any one of the following are met:
q-- %
n.
It reveals the distinguishing aspects of a process (or a cort.cnent, structure, tool, method, etc.) whose exclusive use by the mic~ y 74 i
consititutes a competitive economic advantage over otherscan A s.
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It consists of supporting data, including test data, relative to i
a process (or component, structure, tool, method, etc.) the application of which data secures a competitive economic advantage, c.g., by optimivation or improved marketability.
I-I Its use by a competitor would reduce his expenditure or resources i.
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i-or improve his competitive position in the design, manufacture, shipment, instn11ntion, assurance of quality, or licensing a similar product.
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l d.
It revanla cost or price information, production capacities, budget levels, or commercial strategies of the % any, its customers 4
or suppliers, which when used by the
nny constitutes a competitive f
t economic advantage over other compani q.- A N._n i
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It reveals aspects of past, present, or future Y ny-or e.
customer-funded development plans and programs of potential j
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commer.ial value to the Gespany.
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It cont.d.ns patentable inventions for which patent protection may 1
be desirable.
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.f meets \\the tests se h above? In addition,em<h do'cumentes q have I,will S arded, proprietary f-been r % ewed byf eire
%' -Jy.g_ 0;.g-that..haspgtm_.,pn it,s protection f upoa,
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review, he rs ta be-vhich p perly should be~glassified
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'Tursuanttot to isions of 10 CFR. 790.
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1 This refers to the letter dated July 16, 1973, from Mr. J. S. Abel to Mr. Boyce H. Grier, Director, Region III, Directorate of Regulatory Operations, in which you requested that certain infonnation contained in Regulatory Operations Inspection Report No. 50-10/73-02 and 50-249/73-03 be withheld from public disclosure on the basis that such information is considered proprietary.
On the basis of our review of your request, we do not agree that the information claimed te be proprietary is, in fact, proprietary.
With respect to the fuel irspection methods used by the General Electric j
Company, we note that these methods are already a matter of public record. Report No. 5, " Fuel Inspection and Evaluation - Dresden 2",
dated June 4,1971, and submitted to the Commission by the Commonwealth l
Edison Company is available in the Public Document Room. With respect l
'to the sumary of fuel failure data, similar data for other plants are
~
available in the Public Document Room, e.g., Regulatory Operations l
Inspection Report No. 50-271/73-03 regarding Vermont Yankee Nuclear Power Corporation.
Considering the above, we believe that the justification for with-holding from public disclosure the information identified by you in 4
Report Nos. 50-10/73-02 and 50-240/73-03 has not been supplied.
In 4
view of this situation, we plan to place the reports in the Commission's Public Document Room unless, within 30 days of the date of this letter,.
4 you provide us with justification for withholding the information from j
public disclosure.
I 4
s
e-4
_2_
i s
6 In the event you seek tifurther justify your claim that certain 4
i i
infonnation in these reports is proprietary and properly subject to i
. withholding,such justification should take into account those matters
!~
- i. -
which are identified in the attachment to this letter.
4 i
i Sincerely, 4
1 i
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P flew Heading for
Enclosure:
Matters To Be Taken Into Account In Determining Whether Information Or Documents Are Proprietary To The Originator
.