ML20046C652

Advises That Portion of Rev 1 to RE-018, TS Improvement for Hope Creek Station Will Be Withheld (Ref 10CFR2.790),per Util 930401 Request

ML20046C652
Person / Time
Site:	Hope Creek
Issue date:	07/22/1993
From:	Stephen Dembek Office of Nuclear Reactor Regulation
To:	Miltenberger S Public Service Enterprise Group
References
TAC-M86104, NUDOCS 9308110302
Download: ML20046C652 (4)

Text

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UNITED STATES i.

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 22, 1993 Docket No. 50-354 Mr. Steven E. Miltenberger Vice President and Chief Nuclear Officer Public Service Electric and Gas Company Post Office Box 236 Hancocks Bridge, New Jersey 08038

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, HOPE CREEK GENERATING STATION (TAC N0. M86104)

By Public Service Electric and Gas Company's application dated April 1,1993, and affidavit of Mr. Robert C. Mitchell, of General Electric -Company, dated March 3,1993, you submitted " Technical Specification Improvement Analysis for the Emergency Core Cooling System Actuation Instrumentation for Hope Creek Generating Station," RE-018, Revision 1, October 1990, and requested that specific material (delineated by brackets in the aforementioned document) be withheld from public disclosure pursuant to 10 CFR 2.790. A non-proprietary version of the report was separately submitted by your July 2,1993, letter.

General Electric stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

"The information identified [above] is classified as proprietary because it would provide other parties, including competitors, with valuable information regarding the application of reliability based methodology to BWR instrumentation. A substantial effort has been expended by General Electric to develop this information in support of the BWR Owners' Group Technical Specifications Improvement Program. This information is considered to be proprietary for the reasons set forth [below]:

[It is] 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;

[It is] information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electric."

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of General Electric's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

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Mr. Steven E. Miltenberger July 22, 1993 Therefore, the version of-the submitted information marked as proprietary will be held from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

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.

Sincerely,

/S/

Stephen Dembek, Project Manager Project Directorate I-2 Division of Reactor Projects - 1/II Office of Nuclear Reactor Regulation cc:

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d Mr. Steven E. Miltenberger July 22, 1993 Therefore, the version of the submitted information marked as proprietary will be held from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

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.

Sincerely, G _. - >

De ek, Proje Manager roject D rectorate I-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc:

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Mr. Steven E. Miltenberger Hope Creek Generating Station Public Service Electric & Gas Company cc:

M. J. Wetterhahn, Esquire Mr. J. A. Isabella Winston & Strawn MGR. - Generation Department 1400 L Street, N.W.

Atlantic Electric Company Washington, DC 20005-3502 Post Office Box 1500 1199 Black Horse Pike Pleasantville, New Jersey 08232 R. Fryling, Jr., Esquire Law Department - Tower SE Richard Hartung 80 Park Place Electric Service Evaluation Newark, New Jersey 07101 Board of Regulatory Commissioners 2 Gateway Center, Tenth Floor Hope Creek Resident Inspector Newark, NJ 07102 U.S. Nuclear Regulatory Commission Drawer I Lower Alloways Creek Township Hancocks Bridge, New Jersey 08038 c/o Mary 0. Henderson, Clerk Municipal Building, P.O. Box 157 Mr. J. Hagan Hancocks Bridge, NJ 08038 Vice President - Nuclear Operations Nuclear Department P.O. Box 236 Hancocks Bridge, New Jersey 08038 Mr. R. Hovey General Manager - Hope Creek Operations Hope Creek Generating Station P.O. Box 236 Hancocks Bridge, New Jersey 08038 Mr. Frank X. Thomson, Jr., Manager Licensing and Regulation Nuclear Department P.O. Box 236 Hancocks Bridge, New Jersey 08038 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, Pennsylvania 19406 g

Dr. Jill Lipoti, Asst. Director Radiation Protection Programs NJ Department of Environmental Prntection and Energy CN 415 Trenton, New Jersey 08625-0415