ML20034G492

Advises That Proprietary Version of Topical Rept BAW-2045P, Rev 1 Will Be Withheld (Ref 10CFR2.790),per 920331 & 0519 Requests

ML20034G492
Person / Time
Site:	Catawba
Issue date:	03/05/1993
From:	Matthews D Office of Nuclear Reactor Regulation
To:	Taylor J BABCOCK & WILCOX CO.
References
TAC-M83148, TAC-M83149, NUDOCS 9303090594
Download: ML20034G492 (4)

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UNITED STATES NUCLEAR REGULATORY COMMISSION e

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March 5, 1993 Docket Nos. 50-413 l

and 50-414 l

Mr. J. H. Taylor, Manager Licensing Services B&W Nuclear Technologies 3315 Old Forest Road i

P. O. Box 10935' Lynchburg, Virginia 24506-0935

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -

CATAWBA NUCLEAR STATION, UNITS 1 AND 2 (TAC NOS. M83148 AND M83149)

By application and affidavit dated March 31, 1992, B&W Nuclear Technologies (BWNT) requested that Topical Report BAW-2045P, Rev. 1, " Recirculating Steam

-Generators Kinetic Sleeve Qualification for 3/4 Inch 0.D. Tubes," be considered proprietary and withheld from public disclosure pursuant to 10 CFR 2.790 in accordance with the following criteria:

3 1.

The'information reveals cost or price information, commercial strategies, production capabilities, or budget levels of B&W, its customers or suppliers.

2.

The information reveals data or material concerning B&W research or development plans or programs of present or potential competitive advantage to B&W.

3.

The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing or marketing a similar product.

4.

The information consists of test data or other similar data concerning a process, method or component, the application of which results in a competitive advantage to B&W.

i 5.

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

By letter dated May 19, 1992, BWNT submitted proprietary and non-proprietary

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versions of responses to NRC staff questions on BAW-2045P, Rev.1, and also t

submitted a non-proprietary version of BAW-2045P, Rev. 1.

BWNT also requested that portions of the responses to questions be considered as propriatary..in accordance with the above criteria.

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Mr. J. H. Taylor March 5, 1993 The NRC staff has reviewed BWNT's report based on the requirements and criteria of 10 CFR 2.790 and, on the basis of BWNT's statement, has determined that the submitted information sought to be withheld contains proprietary commercial information.

Therefore, the proprietary information will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as e

amended.

Withholding from public disclosure 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, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC.

You should also understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information.

In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely,

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~i B. Hat h s, Director v

Project Directorate II-3 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc:

See next page

f; Mr. J. H. Taylor March 5, 1993 The NRC staff has reviewed BWNT's report based on the requirements and criteria of 10 CFR 2.790 and, on the basis of BWNT's statement, has determined that the submitted information sought to be withheld contains proprietary commercial information.

Therefore, the proprietary information will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as amended.

Withholding from public disclosure 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, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information.

In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, R. MARTIN for/

David B. Matthews, Director Project Directorate II-3 Division of Reactor Projects - I/II office of Nuclear Reactor Regulation cc:

See next page DISTRIBUTION:

Docket Filet R. Martin NRC/ LOCAL PDR L. Berry PDII-3 R/F M.P.Siemien, 0GC CATAWBA R/F E. Jordan S.Varga ACRS (10)

G.Lainas E. Herschoff, RII D.Matthews

• SEE PREVIOUS CONCURRENCE n

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UFFICIAI. RECGTtD COPY' FILE NAME:

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g Duke Power Company Catawba Nuclear Station cc:

Mr. R. C. Futrell Mr. Alan R. Herdt, Chief Regulatory Compliance Manager Project Branch #3 Duke Power Company U. S. Nuclear Regulatory Commission 4800 Concord Road 101 Marietta Street, NW. Suite 2900 York, South Carolina 29745 Atlanta, Georgia 30323 Mr. A. V. Carr, Esquire North Carolina Electric Membership Duke Power Company Corporation 422 South Church Street P. O. Box 27306 1

Charlotte, North Carolina 28242-0001 Raleigh, North Carolina 27611 J. Michael McGarry, III, Esquire Senior Resident Inspector Winston and Strawn Route 2, Box 179 N 1400 L Street, NW York, South Carolina 29745 Washington, DC 20005 Regional Administrator, Region II North Carolina MPA-1 U. S. Nuclear Regulatory Commission Suite 600 101 Marietta Street, NW. Suite 2900 P. O. Box 29513 Atlanta, Georgia 30323 Raleigh, North Carolina 27626-0513 Mr. Heyward G. Shealy, Chief Mr. T. Richard Puryear Bureau of Radiological Health Nuclear Technical Services Manager South Carolina Department of Carolines District Health and Environmental Control Westinghouse Electric Corporation 2600 Bull Street P. O. Box 32817 Columbia, South Carolina 27602 Charlotte, North Carolina 28232 Mr. G. A. Copp County Manager of York County Licensing - EC050 York County Courthouse Duke Power Company York, South Carolina 29745 P. O. Box 1006 Charlotte, North Carolina 28201-1006 Richard P. Wilson, Esquire Assistant Attorney General Saluda River Electric South Carolinc Attorney General's P. O. Box 929 Office Laurens, South Carolina 29360 F. O. Box !!549 Columbia, South Carolina 29211 Ms. Karen E. Long Assistant Attorney General Piedmont Municipal Power Agency North Carolina Department of Justice 121 Village Drive P. O. Box 629 Greer, South Carolina 29651 Raleigh, North Carlina 27602 Mr. M. S. Tuckman Vice President, Catrwba Site Duke Power Company 4800 Concord Road York, South Carolina 29745

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