ML20034G539

Advises That 911223 Affidavit Which Requested That Rev 1 to GE Rept NEDC-31317P Be Withheld from Public Disclosure,Does Not Conform w/10CFR2.790(b).Consequently NRC Is Unable to Conclude That Info in Affidavit Is Proprietary

ML20034G539
Person / Time
Site:	FitzPatrick
Issue date:	03/04/1993
From:	Mccabe B Office of Nuclear Reactor Regulation
To:	Robare D GENERAL ELECTRIC CO.
References
TAC-M83182, NUDOCS 9303100056
Download: ML20034G539 (4)

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,I NUCLEAR. REGULATORY COMMISSION WASHINGTON, D.C. 205E :

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~ %,..., + /g March 4, 1993 Docket No. 50-333 4

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Mr. David J. Robare Manager - Plant Licensing Services General Electric Company l

175 Curtner.4 venue San Jose, California 95125

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -

JAMES A. FITZPATRICK NUCLEAR POWER PLANT (TAC N0. M83182)

By application dated June 12, 1992, and your affidavit dated December 23, 1991, you submitted Revision I to General Electric Company Report NEDC-31317P,

" James A. FitzPatrick Nuclear Power Plant SAFER /GESTR - LOCA Loss of Coolant j

. Accident Analysis," and requested that information in it be withheld from

. public disclosure pursuant to 10 CFR 2.790.

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 i

withheld'from public disclosure. The section further requires the statement to." address with specificity" the considerations listed in 10 CFR 2.790(b)(4).

Your affidavit has been reviewed in light of.the aforementioned paragraphs of the regulations and found not to adequately address with specificity the considerations listed in 10 CFR 2.790(b)(4). Although. Statement 4 of your.

affidavit provides examples of categories of information which~" fit into the definition of Proprietary In'armation," it does not specifically address which considerations listed in 10 t ; R 2.790(b)(4) are applicable for the information that you have requested be withheld from public disclosure. Furthermore, a significant amount of information that you have requested be considered proprietary in Revision I to NEDC-31317P does not appear to satisfy any of the considerations listed in 10 CFR 2.790(b)(4) and thus should not be withheld r

from public disclosure.

Accordingly, consideration should be given to supplemeriting the present record with additional factual information.

If such action is taken, it is~ suggested that you furnish specific factual information for your application that clearly indicates which specific considerations listed in 10 CFR 2.790(b)(4) i are applicable for the information that you have requested be withheld from public disclosure.

Furthermore, it is suggested that you reevaluate whether all of the information that you have requested be considered proprietary in Revision I to NEDC-31317P satisfies a consideration listed in 10 CFR 2.790(b)(4).

9303100056 930304-dNN PDR ADOCK 05000333 i

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F s-Mr. David J. Robare March 4, 1993 f

i In sumary, we have determined that your affidavit is not-in conformity with 10 CFR 2.790(b) of the Comission's regulations inasmuch as it fails to address the considerations cf paragraph (b)(4) with sufficient specificity to enable us to make the required determination under 10 CFR 2.790(b).

Consequently, we are unable to conclude at this time that the information referenced in the affidavit is proprietary.

1 In accordance with 10 CFR 2.790(c), the information sought to be' withheld'will be placed in the Comission's Public Document Room 30 days after your receipt of this letter unless you either seek to withdraw the information requested to t

be withheld or provide the Nuclear Regulatory Comission with an amended affidavit meeting the requirements of 10 CFR 2.790(b).

If you request that' the information-be withdrawn, your request will be considered in light of applicable statutes and. regulations and a determination made whether the i

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

Sincerely,

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AMM

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I Brian C. McCabe, Project Manager Project Directorate I-l Division of Reactor Projects - I/II

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Office of Nuclear Reactor' Regulation cc: See next page r

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t James A FitzPatrick Nuclear l

Power Authority of the State of New York Power Plant CC:

i Mr. Gerald C. Goldstein Ms. Donna Ross Assistant General Counsel New York State Energy Office l

Power Authority of the State 2 Empire State Plaza l

of New York 16th Floor 1633 Broadway Albany, New York 12223 i

New York, New York 10019 Mr. Ralph E. Beedle Resident Inspector's Office Executive Vice President, Nuclear U. S. Nuclear Regulatory Commission Generation Post Office Box 136 Power Authority of the State of 4

Lycoming, New York 13093 New York 123 Main Street Mr. Harry P. Salmon, Jr.

White Plains, New York 10601 Resident Manager James A. FitzPatrick Nuclear l

Power Plant Post Office Box 41 Lycoming, New York 13093 4

Mr. J. A. Gray, Jr.

Director Nuclear Licensing - BWR i

Power Authority of the State of New York 123 Main Street l'hite Plains, New York 10601 i

Supervisor Town of Scriba Route 8, Box 382 Oswego, New York 13126 Mr. John C. Brons, President Power Authority of the State of New York 123 Main Street White Plains, New York 10601 Charles Donaldson, Esquire l

Assistant Attorney General l

New York Department of Law 120 Broadway New York, New York 10271 Regional Administrator, Region I U.S. Nuclear Regulatory Commission i

475 Allendale Rrv.d King of Prussia, Pennsylvania 19406 I

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Mr. David J. Robare March 4, 1993 l

i In summary, we have determined that your affidavit is not in conformity with 10 CFR 2.790(b) of the Commission's regulations inasmuch as it fails to address the considerations of paragraph (b)(4) with sufficient specificity to 1

enable us to make the required determination under 10 CFR 2.790(b).

l Consequently, we are unable to conclude at this time that the information referenced in the affidavit is proprietary.

In accordance with 10 CFR 2.790(c), the information sought to be withheld will i

be placed in the Commission's Public Document Room 30 days after your receipt of this letter unless you either seek to withdraw the information requested to i

be withheld or provide the Nuclear Regulatory Commission with an amended affidavit meeting the requirements of 10 CFR 2.790(b).

If you request that the information be withdrawn, your request will be considered in light of applicable statutes and regulations and a determination made whether the l

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

Sincerely, j

Original signed by:

i Brian C. McCabe, Project Manager Project Directorate I-l Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation cc:

See next page l

DISTRIBUTION:

l Docket' File i

NRC & Local PDRs i

PDI-1 Reading i

SVarga JCalvo RACapra CVogan i

BMcCabe RStransky, 13/D/18 i

DRobare, GE MPSiemien, OGC 15/B/18 Plant File CCowgill, RGN-I i

PDI-1:LA PDI-1:PM OGC PDI-1:D CVogan 3

BMcCabe:sk Obi RACapra D kf93 3 /

)/ N93ME 3 / P/93 4 93

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OfflCIAL RECORD COPY FILENAME: FI83182A. PRO i

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