ML20038C027
| ML20038C027 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 11/19/1981 |
| From: | Conner T CONNER, MOORE & CORBER, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| NUDOCS 8112090436 | |
| Download: ML20038C027 (2) | |
Text
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s LAW oTFICEO CONNER & MOORE TF 1747 PENNSYLVANIA AYLNUE. N. W.
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'P3 DEC -7 P4 :20 mas J. wurr=n-w November 9, 19Y1 ROBERT M. RADER
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Mr. William J. Dircks y I,20 ]
Executive Director for g
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7 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 DEC6 ggy 7
v; u.s. g&W, II In the Matter of Philadelphia Electric Company ge (Limerick Generating Station, Units 1 and
/g gTp Y Docket Nos. 50-352 and 50-353
Dear Mr. Dircks:
By letter dated March 17, 1981, Eugene J. Bradley, Associate General Counsel of the Philadelphia Electric Company, transmitted to Harold R.
Denton, Office of Nuclear Reactor Regulation, copies of the Operating License appli '
cation in the captioned proceeding.
Transmitted along with, l
but not part of, the application, was a two volume Probabilistic Risk Assessment ("PRA") for the Limerick Station.
It is t
noted that Charles W. Elliott, who is counsel for Limerick l
Ecology Action, petitioner to intervene, requested, in a I
letter to the Commission dated October 27, 1981, that the information be placed in the Public Document Room or, in the alternative, produced pursuant to the Frc.edom of Information Act.
Under separate cover, "cerr.ain detailed fault trees" which were prepared as part of the PRA were transmitted with a request that they be withheld from public disclosure in accordance with 10 C.F.R. 52.790(d) for security reasons.
On October 22, 1981, the Commissica published its final rule regarding protection of unclassified safeguards information which, inter alia, held that, in general, fault trees 3
developed during the course of a probabilistic risk assess-3 ment would not be protected under the rule.
tlD Its actions on October 22, 1981 constitute a de facto denial of our 52.790 request that the information lie ~ with-held as security information.
Accordingly, pursuant to 10
8112090436 811119
- PDR ADOCK 05000352 (A
Mr. William'J. Dircka j,
November 9, 1981 Paga 2 C.F.R.
52.790(c), all of the copies of the fault trees provided previously should be returned to the Company im-mediately.
It is noted that given the Commission's past practice of retaining a copy of a returned document pursuant to 52.790, that such retention would be inappropriate, and indeed illegal, given the fact that the Commission has ruled that it must produce such information, which happens to be in its files, pursuant to a Freedom of Information Act request.
(See letters from Leonard Bickwit, Jr., General Counsel, NRC te George L. Edgar, Esq., Morgan, Lewis &
Bockius dated November 5, 1980 regarding Return of,the General Electric Reed Report).
If you will call me when all of the copies in the Commission's possession have been assembled, we will arrange to have them picked up immediately.
We note that the information properly should also be withheld as " Company confidential" proprietary information of the General Electric Company.
Sincerely, Troy ~. Conner, Jr.
Counsel for Philadelphia Electric Company cc:
Charles W.
Elliott, Esq.
/ Harold R.
Denton
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