ML20036C200
| ML20036C200 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 06/09/1993 |
| From: | Mccabe B Office of Nuclear Reactor Regulation |
| To: | Recasha Mitchell GENERAL ELECTRIC CO. |
| References | |
| TAC-M75561, NUDOCS 9306150222 | |
| Download: ML20036C200 (4) | |
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UNITED STATES o,,
NUCLEAR REGULATORY COMMISSION n
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WASHINGTON, D. C. 20555 June 9, 1993 Docket No. 50-333 Mr. Robert C. Mitchell General Electric Company 175 Curtner Avenue San Jose, California 95125
Dear Mr. Mitchell:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -
JAMES A. FITZPATRICK NUCLEAR POWER PLANT (TAC NO. M75561)
By application dated May 5,1992, as amended by your letter dated May 26, 1993, and your affidavit dated March 18, 1993, you submitted NEDC-31697P-2, a report entitled, " Updated SRV Performance Requirements for the James A.
FitzPatrick Nuclear Power Plant (Revision 2)," (Proprietary) and requested that portions be withheld from public disclosure pursuant to 10 CFR 2.790.
You stated.that certain information should be considered exempt from mandatory public disclosure for the following reasons:
a.
Information that discloses a process, method or apparatus, including supporting data and analyses, where prevention of its use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; b.
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.
In addition, you stated that the information is classified as proprietary because it contains detailed results of analytical models, methods and processes, including computer codes, which General Electric (GE) has developed, obtained NRC approval of, and applied to perform evaluations of the functional capability of the Safety / Relief Valves installed in a GE Boiling Water Reactor in transient and accident conditions.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of GE's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the report entitled, " Updated SRV Performance for James A.
i FitzPatrick Nuclear Plant," marked as proprietary, will be withheld from (Q
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public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
9306150222 930609 PDR ADOCK 05000333 P
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Mr. Robert C. Mitchell June 9, 1993 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, 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 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 public disclosure.
In your May 5,1992, application, you also requested withdrawal of previous revisions of NEDC-31697P which were submitted to the NRC. This matter is currently being reviewed by the NRC staff and will be addressed by the staff in future correspondence.
Sincerely, Brian C. McCabe, Senior Project Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc:
See next page 4
M
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James A. FitzPatrick Nuclear Power Authority of the State of New York Power Plant cc:
Mr. Gerald C. Goldstein Ms. Donna-Ross.
l Assistant General Counsel '
New York State Energy Office Power Authority of the State 2 Empire State Plaza of New York 16th Floor 1633 Broadway Albany, New York 12223 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 Lycoming, New York 13093 New York 3
123 Main Street Mr. Harry P. Salmon, Jr.
White Plains, New York 10601 Resident Manager James A. FitzPatrick Nuclear Power Plant i
Post Office Box 41 Lycoming, New York 13093 Mr. J. A. Gray, Jr.
Director Nuclear Licensing - BWR Power Authority of the State of New York 123 Main Street White Plains, New York 10601 Supervisor Town of Scriba Route 8, Box 382 Oswego, New York 13126 Mr. Robert G. Schoenberger, Acting President Power Authority of the State of New York 123 Main Street White Plains, New York 10601 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law
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120 Broadway New York, New York 10271 i
Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, Pennsylvania 19406 i
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i Mr. Robert C. Mitchel1 June 9, 1993 Withholding from public inspection shall 'aot affect the right, if any, of persons properly and directly concerned te inspect. the documents.
If the need arises, we may send copies of this infomation to our consultants working in this area. We will, of course, ensure that t,' e consultants have signed the appropriate agreements for handling proprietary inf.ormation.
If the basis for withholding this informa+. ion from public inspection should change in the future such that the information could then be made available 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 public disclosure.
In your May 5,1992, application, you also requested withdrawal of previous revisions of NEDC-31697P which were submitted to the NRC. This matter is currently being reviewed by the NRC staff and will be addressed by the staff in future correspondence.
Sincerely, Original signed by:
Brian C. McCabe, Senior Project Manager Project Directorate I-l Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc: See next page Distribution:
Docket File NRC & Local PDRs PDI-l Reading S. Varga J. Calvo R. A. Capra C. Vogan B. McCabe M. P. Siemien, OGC, 15/B/18 C. Cowgill, RGN-I
- See previous concurrence LA:PDI-l PM:PDI-V)ed
- 0GC D:PDI-1 I
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OFFICIAL RECORDICOPY FILENAME: FIT 75561.PR0
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