ML20036B393

Informs That GE Repts Entitled, TS Improvement Analysis for Reactor Protection Sys... & TS Improvement Analysis for ECCS Actuation... Marked as Proprietary,Will Be Withheld from Public Disclosure Per Licensee Request

ML20036B393
Person / Time
Site:	Nine Mile Point
Issue date:	05/11/1993
From:	Menning J Office of Nuclear Reactor Regulation
To:	Robare D GENERAL ELECTRIC CO.
References
TAC-M85168, NUDOCS 9305190412
Download: ML20036B393 (5)

Text

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UNITED STATES i

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May 11,.1993 Docket No. 50-410 l

Mr. David J. Robare, Manager Safety, Environmental & Quality Assurance General Electric Company i

175 Curtner Avenue San Jose, California 95125 t

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. M85168)

By Niagara Mohawk Power Corporation's (NMPC) application dated December 7, 1992, and affidavits dated August 31, 1992, NMPC submitted MDE-78-0485, DRF A00-02119-D, April 1985, a report entitled, " Technical Specification Improvement Analysis for the Reactor Protection System for Nine Mile Point Nuclear Station, Unit 2," (Proprietary) and RE-026, February 1987, a report entitled " Technical Specification Improvement Analysis for the Emergency Core Cooling System Actuation Instrumentation for Nine Mile Point, Unit 2,"

(Proprietary) and requested that they be withheld from public disclosure pursuant to 10 CFR 2.790.

Subsequently, NMPC revised the December 7, 1992, application by letter dated March 4,1993, and the affidavits dated August 31, 1992, by affidavits dated February 12, 1993. The March 4, 1993, letter requested that the original plant-specific reports and affidavits be withdrawn and replaced by the revised plant-specific reports and affidavits.

In response to NMPC's March 4,1993, submittal requesting withdrawal of the i

plant-specific reports and affidavits submitted on December 7,1992, the NRC staff has destroyed all copies of the plant-specific reports submitted on December 7, 1992.

We have also reviewed your request for withholding of the revised plant-specific reports which were submitted by NMPC on March 4, 1993.

You stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons-4.c.

Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product.

4.e.

Information which reveals aspects of past, present or future General Electric customer-funded development plans and programs of potential commercial value to General Electric.

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Mr. David J. Robare

, May 11, 1993 9.

Public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of the General Electric Company and deprive or reduce the availability of profit making opportunities because it would provide other parties, i

including competitors, with valuable information regarding the application of reliability based methodology to BWR instrumentation.

A substantial effort has been expended by General Electric to develop this information in support of the BWR Owners' Group Technical Specifications Improvement Program.

We have reviewed your application and the material in accordance with the have determined that the submitted information sought to trade secrets or proprietary commercial information.

Therefore, the GE reports entitled, " Technical Specifications Improvement t

Analysis for the Reactor Protection System for Nine Mile Point Nuclear r

Station, Unit 2," and " Technical Specification Improvement Analysis for the Unit 2," marked as proprietary, will be withheld from public discl pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.

arises, we may send copies of this information to our consultants working in If the need 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 inspection should change in the future such that the information could then be made available l

for public inspection, you should promptly notify the NRC.

You also should 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 i

determination adverse to the above, you will be notified in advance of any public disclosure.

t Sincerely,

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4 John E. Menning, roject Manager i

Project Directorate I-1 t

Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation l

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See next page

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Nine Mile Point Nuclear Station Niagara Mohawk Power Corporation Unit No. 2 CC:

Mark J. Wetterhahn, Esquire Regional Administrator, Region I Winston & Strawn U. S. Nuclear Regulatory Commission 1400 L Street, NW.

475 Allendale Road Washington, DC 20005-3502 King of Prussia, PA 19406 Mr. Richard Goldsmith Charles Donaldson, Esquire Syracuse University Assistant Attorney General College of Law New York Department of Law E. 1. White Hall Campus 120 Broadway Syracuse, New York 12223 New York, New York 10271 Resident Inspector Mr. Richard M. Kessel Nine Mile Point Nuclear Station Chair and Executive Director P. O. Box 126 State Consumer Protection Board Lycoming, New York 13093 99 Washington Avenue Albany, New York 12210 Gary D. Wilson, Esquire Niagara Mohawk Power Corporation Mr. Martin J. McCormick Jr.

300 Erie Boulevard West Plant Manager, Unit 2 Syracuse, New York 13202 Nine Mile Point Nuclear Station Niagara Mohawk Power Corporation Mr. David K. Greene P. O. Box 32 Manager Licensing Lycoming, New York 13093 Niagara Mohawk Power Corporation 301 Plainfield Road Mr. Neil S. Carns Syracuse, New York 13212 Vice President - Nuclear Generation Nine Mile Point Nuclear Station Ms. Donna Ross Niagara Mohawk Power Corporation New York State Energy Office P. O. Box 32 2 Empire State Plaza Lycoming, New York 13093 16th Floor Albany, New York 12223 Mr. B. Ralph Sylvia Executive Vice President, Nuclear Niagara Mohawk Power Corporation Supervisor 301 Plainfield Road Town of Scriba Syracuse, New York 13212 Route 8, Box 382 Oswego, New York 13126

y Mr. David J. Robare May 11,-1993 l

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Public disclosure of the information sought to be withheld is

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likely to cause substantial harm to the competitive position of the i

General Electric Company and deprive or reduce the availability of profit making opportunities because it would provide other parties, including competitors, with valuable information regarding the application of reliability based methodology to BWR instrumentation. A substantial effort has been expended by General l

Electric to develop this information in support of the BWR Owners' Group Technical Specifications Improvement Program, i

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of General Electric statements, have determined that the submitted information sought to be withheld contains l

trade secrets or proprietary commercial information.

f Therefore, the GE reports entitled, " Technical Specifications Improvement Analysis for the Reactor Protection System for Nine Mile Point Nuclear i

Station, Unit 2," and " Technical Specification Improvement Analysis for the l

Emergency Core Cooling System Actuation Instrumentation for Nine Mile Point, Unit 2," marked as proprietary, will be withheld from public disclosure J

pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

a Withholding from public inspection shall not affect the right, if any, of l

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 inspection should 1

change in the future such that the information could then be made available i

for public inspection, you should promptly notify the NRC.

You also should 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 l

public disclosure.

Sincerely, Original Signed By:

John E. Menning, Project Manager Project Directorate I-I Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc: See next page Distribution:

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