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NUCLEAR REGULATORY cOMMisslON
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i NOV 151978 MEMORANDUM FOR:
D. B. Vassallo, Assistant Director for Light Water Reactors DPM FROM:
R. L. Tedesco, Assistant Director for Reactor Safety, DSS
SUBJECT:
MIDLAND FSAR REVIEW--PROPRIETARY INFORMATION CLAIMS During our review of Section 4.2 Fuel System Design of the Midland FSAR, we detemined that some of the information submitted in response to our first round questions and claimed to be proprietary may not qualify for a proprietary finding. Our evaluation of the proprietary considerations is given in the enclosure as a draft letter that you might send to Consumers Power Company.
&&w-R. L. Tedesco, Assistant Director for Reactor Safety Division of Systems safety cc:
S. Varga D. Hood l
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ENCLOSURE Draft Letter to Consumers Power Company Docket No. 50-329/330 Gentlemen:
Subject:
Request for Withholding Information from Public Disclosure By your application and affidavit dated June 29 and June 9, respectively, you submitted responses to certain NRC requests for additional information.
The requests, which were in the form of 1st-round questions on the Midland FSAR, are listed below:
Question Subject 231.10 Design of Absorber Material 231.13 Conservatism of Minimum Unirradiated Strength Values 231.14 Fuel Surveillance 231.16 Fuel Rod Stresses 231.22 Dimensional / Spring Constants for Upper and Lower Plenum Springs You requested that these responses be withheld from public disclosure pursuant to 10CFR 2.790.
c The criteria used by Babcock and Wilcox to determine whether the submitted materials are proprietary are listed in Table 1.
A cross-reference of the specific claims for each response is provided in Table II.
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0 Table I Criteria Used by B&W to Determine Whether Information is Proprietary a.
Information reveals cost or price information, commercial strategies, production capabilities, or budget levels of Babcock & Wilcox, its customers or suppliers.
b.
The information reveals data or material concerning Babcock & Wilcox or customer funded research or development plans or programs of present or potential competitive advantage to Babcock & Wilcox.
c.
The use of the information by a competitor would decrease his expendi-tures, in time or resources, in designing, producing or marketing a similar product.
d.
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 Babcock & Wilcox.
I e.
The information reveals special aspects of a process, method, component or the like, the exclusive use of which results in a competitive advantage to Babcock & Wilcox.
f.
The information contains ideas for which patent protection may be sought.
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Table II Proprietary Claim of Material Submitted Applicable Item Question No.
Description of Material Criteria
- I 231.10 Expressions used to describe c,d swelling, conductivity, thermal expansion, and gas release of absorber materials II 231.13 Calculated values of clad strain c,e for control components III 231.16 Fuel rod stress evaluation c,0 IV 231.14 Results of post-irradiation b,c d Tables 283 examination of Oconee-1 fuel assemblies V
231.22 Dimensions and constants of e
the fuel rod springs 4
- See Table I for criteria.
Cl
s Our findings regarding the proprietary claims for the material submitted are as follows:
1.
We have reviewed your application and material provided in the responses to questions 231.14, 231.16, and 231.22, and based on the requirements and criteria of 10 CFR 2.790, we have determined that the above-mentioned responses to questions sought to be withheld contain confidential or proprietary commercial information.
We also have found at this time that the right of the'public to be fully apprised.as to the bases for and effects of the proposed action does not outweigh the demonstrated concern for protection of your competitive position. Accordingly, we have determined that the information should be withheld from public disclosure.
We, therefore, approve your request for withholding pursuant to Section 2.790 of 10 CFR Part 2 and are withholding (description of documents) from public inspection as proprietary.
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 infor-mation to our consultants working in this area. We will, of course, assure that the consultants have signed the appropriate agreements for handling proprietary data.
c
o 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.
2.
Regarding your application and material provided in the responses to questions 231.10 and 231.13, 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 withheld from public disclosure. The section further requires the statement to " address with specificity" the considerations listed in Section 2.790 (b) (4).
Your affidavit has been reviewed in light of the aforementioned para-graphs of the regulations and has been found to be deficient in terms of demonstrating the applicability of the criteria listed in Table I to the material provided in the responses to questions.
Accordingly, consideration should be given to supplementing the present record with additional factual information.
If such action is taken, it is suggested that you furnish specific factual information for your application indicating:
(a)rhow criteria c and d (of Table I) apply to the response to question 231.10, and, (b) how criteria c and e (of Table I) apply to the response to question 231.13.
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In summary, we have determined that your affidavit is not in conformity with Section 2.790 (b) of the Commission's regulations inasmuch as it fails to address the considerations of paragraph (b) (4) with sufficient specificity to enable us to make the required determination under Section 2.790 (b).
Consequently, we are unable to conclude at this time that the information referenced in the affidavit is proprietary.
In accordance with Section 2.790 (c) the information sought to be withheld will be placed in the Commission's Public Document Room 30 days after the date of this letter unless you either seek to withdraw the information requested to be withheld or provide the Nuclear Regulatory Commission with an amended affidavit meeting the requirements of Section 2.790 (b).
Sincerely.
S. Varga Concurrence: Originator, BC, appropriate reviewers, OELD (J. Cooke).
Distribution: Central Files, PDR, LPDR, Boyd, DeYoung, appropriate branch file, AD, LA, BC, originator, OELD, ACRS (16), H. Smith, R. Diggs, NSIC, TIC, others as appropriate.
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