ML20039F893

Approves Request That Detailed Fault Trees Which Were Prepared as Part of Probabilistic Risk Assessment Be Withheld from Public Disclosure Per 10CFR2.790

ML20039F893
Person / Time
Site:	Limerick
Issue date:	12/09/1981
From:	Schwencer A Office of Nuclear Reactor Regulation
To:	Conner T CONNER, MOORE & CORBER
References
NUDOCS 8201140024
Download: ML20039F893 (3)

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December 9,1981 Docket Hos.'S0-352 and 50-353 Mr. Troy B. Conner, Jr.

Connner & lioore 1747 Pennsylvania Avenue, NW Washington, DC 20006

Subject:

Request for Withholding Infomation from Public Disclosure By your application and affidavit from General Electric Company (GE) dated November 24, 1981, you requested that the detailed fault trees which were prepared as a part of the Probabilistic Risk Assessment (PRA) for the Limerick Generating Station, Units 1 and 2, dated March 1981, be withheld from public disclosure in accordance with 10 CFR 2.790(b)(4).

These detailed fault trees are essential to the assessment of probabilistic risk of boiling water reactors. The reason stated for the withholding of the Information is that the information is owneo and has been held in confidence by GE. Further, GE stated that public disclosure of this infor-nation would cause substantial haru to its competitive position because it would produce PRA's for other customers without recoupment by GE.

We have reviewed tne requests and related cocuments based on the requirements dnd Criterid of 10 CFR 2.790(b). To the best of our knowledge and in light of the sworn affidavit of GE, we have concluded that the information sought to be withheld has been owned and maintained by its owner in confidence; that this information is the type customarily held in confidence by its owner; that there is rational basis for this confidential protection, i.e., the protection of research and development information in oroer to secure a market for recoup-ment of expenditures; that the information was transmitted to and received in confidence by tne Commission; and that the substance of this information.is not available in public sources.

In short, all the enumerated consideration points of part (b)(4) have been addressed in sufficient detail to allow the HRC to affirmatively determine that the fault trees above are proprietary in that they contain comercial or financial information obtained from a person and are confidential.

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1 Mr. T.11. Connner December 9, 1981 We also have found at this time that the right of the public to be fully appriased as to the basis for and ef fects of the proposed action does not outweigh the demonstrated concern for protection of GE's coopetitive position. We reach this detenaination because there has been no substan-tial denonstration that the public requires full disclosure of the documents enumerated above.

We therefore, approve the requests for withholding pursuant to Section 2.790 of 10 CFR Part 2 and are withholding froa public inspection proprietary docu-ments relating to Ine detailed fault trees for the Limerick PKA.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents, pursuant to 10 CFit 2.790(b)(6) of the Cornission's Regulations.

If the basis for withholding this infonaation from public disclosure should cnange in the future such that the information could then be made available for public inspection, you or Philadelphia Electric Company should prouptly notify the riRC.

Sincerely, Original Signed by:

A. Schwencer A. Schwencer, Chief Licensina branch lio. 2 Division of Licensing See next pace for dhstribution i

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