ML20046C799
| ML20046C799 | |
| Person / Time | |
|---|---|
| Issue date: | 06/23/1993 |
| From: | Mccracken C Office of Nuclear Reactor Regulation |
| To: | Feldman R THERMAL SCIENCE, INC. |
| References | |
| REF-QA-99901226 NUDOCS 9308120165 | |
| Download: ML20046C799 (7) | |
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UNITED STATES E"
NUCLEAR REGULATORY COMMISSION
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.j WASHINGTON. D. C. 20555 June 23, 1993 Mr. Rubin Feldman Thermal Science, Incorporated 2200 Cassens Drive St. Louis, Missouri 63026
Dear Mr. Feldman:
By letter of June 9,1993, Mr. Charles A. Newman submitted your affidavit dated June 8, 1993.
In your affidavit, you requested that we withhold from public disclosure documents you previously submitted to the NRC for our use in reviewing Thermo-Lag fire barriers. The documents covered by your affidavit are:
A letter of October 5,1991, to F. Miraglia, Office of Nuclear Reactor Regulation, which included eleven appendices, A letter of November 12, 1991, to F. Miraglia which included four attachments, and A letter of December 3,1991, to F. Miraglia which included nine enclosures.
Your reasons for requesting withholding of this information were:
The documents contain internal quality control methods, The documents contain trade secrets, and The documents should be treated as confidential or privileged commercial information.
We note that most of the documents and information in question were not marked proprietary and were not provided in confidence. We also note that your affidavit treats each of the documents in question equally and that you did not designate with appropriate markings specific information as trade secrets or confidential or privileged commercial or financial information.
Title 10 of the Code of Federal Regulations, Section 2.790(a)(4) may exempt from public disclosure matters that are trade secrets and commercial or financial information obtained from a person and privileged or confidential information.
In deciding whether or not certain documents should be withheld from public disclosure, it is appropriate to segregate, within a document, the information which should be withheld from tra information which should be released.
We hnve carefully reviewed your affidavit and the documents you a
requested that we withhold from public disclosure in accordance with the requirements of 10 CFR 2.790. We concluded that some of the documents should I Y be withheld.
We have also concluded that you have not provided sufficient M
justification to determine that the remaining documents sought to be withheld O
from public disclosure contain trade secrets, proprietarj, or confidential commercial or financial information.
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We have concluded that the following documents contain some proprietary commercial informat, Appendix la to the letter of October 5, 1991, Nuclear Quality Assurance and Quality Control Operating Procedures Manual, to the letter of December 3,1991, Energy Balance, to the letter of December 3,1991, Thermo-Lag Stress Skin Type 330-69 Composition Analyses, and to the letter of December 3, 1991, Material Safety Data Sheets.
However, as these four documents are not proprietary in their entirety, please submit nonproprietary versions of these documents in accordance with the requirements of 10 CFR 2.790.
We request this submittal within 15 days of the date of this letter to the letter of December 3,1991, Samples, is not a document.
This enclosure refers to samples of Thermo-Lag 330-1 materials.
We have concluded that the samples are proprietary materials.
Therefore, the samples will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(3).
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the samples.
We have concluded that the following documents do not contain trade secrets or confidential or privileged information.
To varying degrees, the same type of information contained in the following documents has been placed in the NRC Public Document Room (PDR) by NRC licensees, has been discussed or provided in various NRC generic communications, has been discussed by you, the NRC staff, and NRC licensees during public meetings, and has been presented by the Commission before an open Congressional hearing. The information is, therefore, public knowledge.
Release of the documents to the public would not harm your competitive position.
Our evaluation and additional specific bases for denying your proprietary claims for each document in this category is provided in the indented paragraph below each document. None of the documents were provided in confidence.
Except where noted, the documents were not marked as proprietary.
Letter of October 5, 1991 In a letter of May 12, 1993, to D. Oudinot, NRC, Mr. Newman stated on your behalf that you did not object to the disclosure of the three-page letter of October 5, 1991.
Therefore, this letter has been placed in the NRC PDR.
The remainder of the letter provides a table of contents and your responses to the NRC letter of September 10, 1992.
Your responses provide general information about Thermo-Lag fire barriers.
This type of information is currently available to the public through other documents and has been extensively discussed in public meetings over the
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past two years.
In addition, because of the general nature of the information, there is no rational basis for concluding that it contains i
trade secrets or confidential or privileged commercial or financial information.
Therefore, release of the information to the public will i
not harm your competitive position.
Appendix I to the 'etter of October 5, 1991, Approval Certificates from American Nuclear Insurers This document provides an introductory one-page. letter from American Nuclear Insurers (ANI) and eight ANI acceptance forms for Thermo-Lag j
The forms provide limited general data about your.
products such as test date, report number, and limitations of the acceptance The forms do not contain Thermal Science, Incorporated (TSI) trade secrets or confidential or privileged commercial or financial information.
Therefore, release of the information to tne public will not harm your competitive position.
Appendix III to the letter of October 5,1991, Installation Procedures' Manuals Some of the manuals are marked as proprietary.
Nonproprietary versions were not provided.
The various Thermo-Lag fire barrier installation l
procedures and techniques have been described in detail in NRC' generic communications, in licensee documents currently available in the PDR,-
and during public meetings.~ Therefore, this information is public knowledge.
j Appendix IV to the letter of October 5, 1991, UL Letter' Report, File R6802-(
Project 81NK17404, Thermo-Lag 330 Cure Accelerator-
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This one-page letter from Underwriters Laboratories, Incorporated (UL) discusses the results of a'small-scale fire test in general ~ terms.. The
.l letter does not contain TSI trade secrets or confidential or privileged-commercial or financial information. Therefore, release of the information to the public will not harm your competitive position.
Appendix V to the letter of October 5, 1991, Training.0utline 1
This two-page document lists broad areas. of training. related,to the-1 installation of Thermo-Lag material. This' document does not contain.
'i substantive information concerning TSI products.
Because-of the general-j nature of the information,;there is no rational basis for concluding-l that it~ contains' trade secrets or confidentialior privileged commercial or financial information.
Therefore, release of the information to th
e public will not harm your competitive. position.
l Appendix VI to the letter of October 5, 1991,' list of Fire Resistive Testing This document lists some 60 fire' resistive' tests performed by or.for.TSI
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during the period 1981 through.'1987 and includes a one-page summary of.
each test.
The information includes the test report number,.' title.and:
date, and summary.of the test results..This type of info ~rmation has-e v.
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4 been described in NRC generic communications, in licensee documents l
currently available in the PDR, and during public meetings and is, therefore, public knowledge.
This document does not contain trade secrets or confidential or privileged commercici or financial information.
Appendix VII to the letter of October 5, 1991, List of Ampacity Derating Tests This document lists 10 ampacity derating tests performed by or for TSI l
between 1981 and 1986 and includes a one-page summary about each test.
The information includes the test report number, title, and date, and a summary of the test results.
This type of information has been L
described in NRC generic communications, in licensee documents currently available in the PDR, and during public meetings and is, therefore, public knowledge.
This document does not contain trade secrets or confidential or privileged commercial or financial information.
aJ Appendix VIII to the letter of October 5, 1991, List of Nuclear Power Generating Plants Utilizing the Thermo-Lag 330 Fire Barrier System
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This two-page document lists the nuclear power plants which use Thermo-Lag fire barriers. This information has been provided in NRC i
generic communications and is currently available in the PDR.
This document does not contain trade secrets or confidential or privileged
.ommercial or financial information.
Therefore, release of your document to the public will not harm your competitive position.
Appendices L, X, and XI to the letter of October 5, 1991, CTL Fire Test Reports t
You provided these three test reports to the staff during an interview of October 17, 1991.
The reports were not marked as proprietary and-you did not provide them in confidence.
The test reports were made attachments to the meeting transcript which was subsequently placed in the NRC public document room. As such, they have been available to the public since 1992.
We.rereviewed the three test reports and concluded that there-is'no rational basis for concluding that the reports contain trade secrets or.
confidential or privileged commercial or financial information.
Therefore, release of the test reports to the public will not harm your competitive position.
Letter of November 12, 1991 lis letter provides your partial response to the questions included in uur letter of October 31, 1991. This document is.an introductory letter which does not contain substantive information which would be considered tre secrets or confidential or privileged information.
Therefore, release of the letter to the public will not harm your competitive position.
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w 5 to the letter of November 12, 1991, Fire Test Reports This attachment provides the results of a small-scale fire test performed by UL in 1977 and the results of a simulated fire endurance test performed by TSI in 1989.
The test reports do not contain TSI trade secrets or confidential or privileged commercial or financial information.
Therefore, release of the reports to the public will not harm your competitive position. to the letter of November 12, 1991, Bechtel Specification for Ampacity Derating Tests The document is not marked proprietary and appears to be owned by Bechtel, not by TSI.
The document does not contain any TSI specific information.
Pursuant to 10 CFR 2.790(b)(1)(ii), the affidavit must be executed by the owner of the information, therefore, TSI is not the proper party to assert a proprietary claim for this document.
Only the owner of the document can assert such a claim. to the letter of November 12, 1991, Copies of Addresses for Mailgram (Section 1) and Copies of Correspondence Relating to VL Ampacity Test Reports (Section 2).
Section 1 of this document provides a list of nuclear utility-related customers to whom TSI provided the results of ampacity derating tests performed at UL in 1986.
Section 1 also provides the Mailgram that transmitted the information.
You provided the Mailgram to the NRC in October 1986 and it was placed in the PDR at that time.
Information on the nuclear utilities that use Thermo-Lag fire barriers has been provided in NRC generic communications concerning Thermo-Lag fire barriers and during a Congressional hearing.
Therefore, this information is public knowledge.
Section 2 of this document provides copies of other correspondence to the NRC and to nuclear utilities concerning the results of the ampacity tests conducted at UL.
There is no rational basis for concluding that the correspondence contains trade secrets or confidential or privileged commercial or financial information.
Most of the information has already been made available to the public through NRC generic communications and licensee documents.
Therefore, release of the information to the public will not harm your competitive position. to the letter of November 12, 1991, Ampacity Derating Tests This attachment provides ampacity derating test reports.
The information contained in the reports has been described in various NRC J
generic communications, in documents currently available in the PDR, and i
during public meetings and is, therefore, public knowledge.
This document does not contain trade secrets or confidential or privileged commercial or financial information.
Therefore, release _of the information to the public will not harm your competitive position.
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Letter of December 3, 1991 This one-page cover letter is an introductory letter which provides a list of the enclosures.
The letter does not contain trade secrets or confidential or privileged commercial or financial information.
Therefore, release of the information would not harm your competitive position. to the letter of December 3,1991, Data Sheet for the Thermo-Lag Stress Skin This one-page data sheet provides general information on Thermo-Lag Stress Skin 330-69.
It does not provide any substantive information such as trade secrets or confidential or privileged commercial or financial information.
Therefore, release of the information would not harm your competitive position. to the letter of December 3, 1991, Lesson Plan - Apolicator Training Program This four-page document lists broad areas of training related to the installation of Thermo-Lag fire barriers.
This document does not contain substantive information concerning TSI products.
Because of the general nature of the information, there is no rational basis for concluding that it contains trade secrets or confidential or privileged commercial or financial information.
Therefore, release of the training outline to the public will not harm your competitive position. to the letter of December 3, 1991, Product Labels This enclosure provides the labels used on various TSI products or their containers.
The labels identify the products and give very general information on the product.
They do not reveal trade secrets or confidential or privileged commercial or financial information.
Therefore, release of the information would not harm your competitive position.
Enclosures 8, and 9 to the letter of December 3, 1991, ITL Fire Test Reports The test reports include a proprietary claim.
You did not provide nonproprietary versions of the reports.
Your affidavit did not discuss with specificity a basis for withholding the test reports from public disclosure.
The test repor'ts have been widely discussed in NRC generic communications and public meetings.
In addition, similar reports prepared by or for you are currently available to the public through the NRC PDR. We do not consider that these reports contain trade secrets or confidential or privileged commercial or financial information.
Therefore, release of the information to the public will not harm your competitive position, l
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.In summary, we have concluded that the documents discussed above do not meet the requirements of 10 CFR 2.790. Therefore, your request to withhold the documents from public disclosure is denied.
The specific documents are:
The letter of October 5, 1991 and its Appendices I, III,- IV, V, VI, VII, VIII, IX, X, and XI, The letter of hovember 12, 1991 and its four attachments, and j
The letter of December 3,1991, and its Enclosures 2, 5, 7, 8, and 9.
Due to the fact that these documents are being requested under the Freedom of
-Information Act, 5 U.S.C., Section 552, the-information sought to be withheld, but determined by the NRC as not containing proprietary information,.'will be placed in the NRC PDR 15 days after the date of this letter.
If you do not agree with our determinations, you have 15 days from the date of this' letter to provide detailed technical explanations as to why each of the documents we have determined not to contain proprietary information actually are proprietary. Upon receipt of such a letter, we will consider your request in light of the applicable statutes and regulations and will determine whether or not the documents will be withheld from public disclosure.
Sincerely, enginal signed by Conrad E. McCracken, Chief
-Plant Systems Branch Division of Systems Safety and Analysis a
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