ML20042F988
| ML20042F988 | |
| Person / Time | |
|---|---|
| Issue date: | 05/07/1990 |
| From: | Cheng C Office of Nuclear Reactor Regulation |
| To: | Hess F H.A.F.A. INTERNATIONAL, INC. |
| References | |
| TAC-M76458, NUDOCS 9005100267 | |
| Download: ML20042F988 (4) | |
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o UNITED STATES -
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Ms.-Fay H. Hess, Vice President
, >W H.A.T.A. International, Inc.
7545 Central. Industrial Drive
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. Riviera Beach, Florida 33404-j
Dear Ms. Hess:
SUBJECT:
RE0 VEST FOR WITHHOLDING-INFORMATION FROM PUBLIC DISCLOSURE (NRC TAC NO. M 76458).
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By'your' affidavit dated March 23, 1990, you submitted Topical' Report HAFA 135, Revision l'(P) entitled, " Instrumented Inspection Technique-Leak j
Testing as an Alternative to the-Hydrostatic Testing Requirements for'ASME Class 1, 2 and 3, Systems and Components," and requested that it be withheld
.from public disclosure: pursuant to 10 CFR 2.790. The affidavit and
- nport were submitted by your letter dated March 23,1990(HII-90-4199).
lSection 2.790(b)(1)(11) of 10 CFR Part 2 of the Commission's regulations irequires 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 to1"addresswithspecificity"theconsiderationslistedin10CFR2.790(b)(4).
.Your' affidavit has been reviewed in light of the aforementioned paraDraphs of<
"j g h the regulations and determined to be deficient because (1) some information may.
be available in public-sources, and (2) some information may not. be of a type-i held in: confidence by its owners. You should recognize that,10 CFR 2.790 (b)(1)(ii)' requires that'the affidavit shall be executed by the owner of the 1
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information even though the information' sought to be withheld is submitted to the Commission by another enmpany. Technical and administrative comments related toHAFA:135,Rev.1(P)~areenclosed.
1 1
= Accordingly, consideration should be given to supplementing your affidavit
- dated March 23, 1990,,with additional factual information.
If such action is taken,'it is suggested that you furnish specific factual information as a supr.lcment to the affidavit that will support the following:
-(1):'H.A.F.A Internaticnal Inc. is the owner of the information requested to i
be withheld from public disclosure;
-(2) The information designated to be proprietary is not available in pdic sources; and
- (3) The information in Appendices I ard II of Tcpical Report HAFA 135, Rev 1
/h (P) is of a type held in confidence by commercial nuclear power plant (g
i licensees, i.e., the specific clients of H.A.F.A. International, Inc.
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In sumary, we t. ave _ determiet that~your affidavit is not in conform'ty with 10'CFR 2.790(b) of the Comission'.s regulations inasmuch as it fails-to address i
the< considerations of paragraph (b)(4) with sufficient specificity to enable-
'us to. make the rsquired determination under.10 CFR 2.790(b). - Consequently, we
'are unable to conc 1"de at_this time that the information referenced in the affidavit is propr'stary.
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Inaccordancewith10CFR2.790(c),the_informationsodghtto-bewiRheld-will t be placed in the Comir lon's Public Document Room-30 days after your receipt of 1
this letter unless you either seek to withdraw the information requested to be withheld or provide the Nuclear Regulatory Comission with an amended affidavit meeting the requiremnts of 10 CFR 2.790(b)..If you request tha0-the information be withdrawn, your request will be considered in light of applicable statutes-_and regulations and a determination made whether the.
documents will be withheld from public disclosure and returned to you.
y Sincerely, Original Signed by l
C.Y. Cheng, Chief-Materials and Chemical Engineering Branch Division of Engineering Technology Office of Nuclear Reactor Regulation j
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Enclosure:
" Examples'of Information Designated i
to be proprietary... that may be published in Technical Journals"
' DISTRIBUTION.
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ENCLOSURE 3/y o 7 g Y
EXAMPLES OF INFORMATION DESIGNATED o
TO BE PROPRIETARY IN H.A.F.A. 135. REV. 1 (P)-
THAT-MAY.BE PUBLISHED-IN TECHNICAL-JOURNALS OR AVAILABLE TO THE PUBLIC (TAC M 76458)-
References:
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.A.
MATERI ALS' EVALUATION - December 1989, " Leak Testing with Volume Replacement and Acoustic Techniques," by H. Askwith, et. al, j
B.
POWER, March 1987, " Consider Instrumented Inspection of Safety-Related-1 Nuclear Systems," D. P. Weakland and D. P. Grabski.
TopicalReportHAFA135(NP-A),-datedDecember1985,)NUDOCSAccessior.
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Number 8512260174. Microfilm 34059. -(Nonproprietary
.D.
Letter to: ' NRC dated December. 7.1987, f rom: J.D. Sieber, Duquesne Light,.
' Docket No. 50-334, NUDOCS Accession Number 8712160349.
- 1.
Location: HAFA'135 Revision 1,(P),Page111" Abstract".
staff Coments:
The-information designated to be proprietary is contained in References A and B.
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2.-
Location: Topical Report pages 22 and.23.
a.
Staff Comments:
The in'ormation on non-proprietary page 22 is essentially the same as proprietary. page 23. Most of the information i
on proprietary page 23 is in Reference C Microfilm 34059, frame 38, (Nonproprietary).
.1 3.
Location:I Topical Report page 18 Staff Comments: The information on proprietary Figure 2 is contained
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- in,the figures in References A and B.
4..
Location: Topical Report page 16 j
Staff Comments:
The actions described in the information designated to be proprietary are required by ASME Section XI, which is incorporated by reference in 10 CFR 50.55(a)(g) and/or Appendix B, 10 CFR 50.
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9 5.
Location: Topical Report page 13 Staff Comments: The information designated to be proprietary is required by EME Section XI, which is incorporcled by reference in 10 CFR 50.55(a)(g) and/or Appendix B, 10 CFR 50. Most of the information an proprietary page 13 is in Reference C Microfilm,
. 34059,- f rame 26, ~ (Nonproprietary).
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Location: Topical Report page 17.
Staff Conments: References A and B describe the objective of the test and the purpose of the instrumentation.
It is questionable whether the L-description in the block diagrams is actually. a trade secret af ter.
_j disclosure of the information in References A and B.
B 7.
Locations: Topical Report pages 9, 10, 11, 12, 14, 15 and 20.
Staff Comments: Portions of the information designated to be proprietary are contained in, can be derived from or can be deduced from References A, 8, and C.
'The staff does not believe that the first and last paragraphs on page 20 is proprietary information.
8.
Locations:
Topical Report Appendices I and II.
Staff Coments: Page 1 states "This is a complete revision of the Topical Report, therefore, revision bars are not utilized.
Proprietary information is indicated by the use of margin lines." The test records in Appendices I.and II do not have bars in the margins that designate proprietary information.
- The staff does not believe that information, such as appears on pages AI-27 through AI-32 is normally considered to be proprietary-information.
A portion of the information in Appendix II is contained in Reference D.
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