ML20056C366
| ML20056C366 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 05/12/1993 |
| From: | Conicella N Office of Nuclear Reactor Regulation |
| To: | Iotti R EBASCO SERVICES, INC. |
| References | |
| TAC-M85824, NUDOCS 9305200234 | |
| Download: ML20056C366 (4) | |
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4 UNITED STATES f[I(
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WASHINGTON, D.C. 23i!i64101
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May 12, 1993 Docket 'lo. 50-286 i
Dr. Robert C. Iotti Senior Vice President Ebasco Services Incorporated Two World Trade Center New York, New York 10048-0752
Dear Dr. Iotti:
SUBJECT:
REQUEST TOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE - INDIAN POINT NUCLEAR GENERATING UNIT NO. 3 (TAC NO. M85824)
By application and affidavit dated January 25, 1993, as supplemented by your affidavit dated April 12, 1993, you submitted New York Power Authority Report IP3-RPT-RPC-00357, " Instrument Drift Analysis for Indian Point 3 Reactor Protection System," dated November 1992, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
You indicated this report was prepared by Ebasco Services and you also provided the basis for classifying this report as proprietary. A non-proprietary version of the above-mentioned report was submitted by the New York Power Authority by letter dated February 18, 1993.
7 You stated that the version of the report which was submitted on January 25, 1993, should be considered exempt from mandatory public disclosure for the i
following reasons:
1.
The information discloses a process, method or apparatus where i
prevention of its use by Ebar o's competitors without license from Ebasco constitutes a competitive economic advantage over other companies.
2.
The information consists of supporting data and analysis, including test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g.,
by optimization or improved marketability.
3.
The information, which if used by a competitor, would reduce his expenditures of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product.
We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Ebasco's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
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Dr. Robert C. fotti May 12, 1993 Therefore, New York Power Authority Report IP3-RPT-RPC-00357, " Instrument Drift Analysis for Indian Point 3 Reactor Protection System," submitted on January 25, 1993, and marked as proprietary, will be withheld 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 ar,y, 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.
r 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 should also understand that the NRC may have cause to review this determination in the future, such as if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, f 2. W Nicola F. Conicella, Project Manager Project Directorate 1-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc: See next page b
Indian Point Nuclear Generating i
Power Authority of the State Station Unit No. 3 of New York r
CC:
Regional Administrator, Region I Resident Inspector U.S. Nuclear Regulatory Commission Indian Point 3 Nuclear Power Plant 475 Allendale Road U.S. Nuclear Regulatory Commission i
King of Prussia, Pennsylvania 19406 Post Office Box 337 Buchanan, New York 10511 Mr. Gerald C. Goldstein Assistant General Counsel Mr. Charles W. Jackson Power Authority of the State Manager, Nuclear Safety and of New York Licensing 5
1633 Broadway Consolidated Edison Company New York, New York 10019 of New York, Inc.
Broadway and Bleakley Avenues i
Mr. John C. Brons, President Buchanan, New. York 10511 i
Power Authority of the State of New York Mayor, Village of Buchanan 123 Main Street 236 Tate Avenue r
White Plains, New York 10601 Buchanan, New York 10511 Mr. William A. Josiger Mr. Ralph E. Beedle Resident Manager Executive Vice President, Nuclear Indian Point 3 Nuclear Power Plant Generation Post Office Box 215 Power Authority of the State of Buchanan, New York 10511 New York l
123 Main Street Mr. Peter Kokolakis White Plains, New York 10601 Director Nuclear Licensing - PWR Power Authority of the State of Nos York 123 Main Street White Plains, New York 10601
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j Ms. Donna Ross New York State Energy Office 2 Empire State Plaza i
16th Floor Albany, New York 12223 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, New York 10271 i
i
1 1
l Dr. Robert C. Iotti May 12, 1993 Therefore, New York Power Authority Report IP3-RPT-RPC-00357, " Instrument Drift Analysis for Indian Point 3 Reactor Protection System," submitted on l
January 25, 1993, and marked as proprietary, will be withheld from public i
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 l
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 l
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 should also understand that the NRC may have cause to review this determination in the 6
future, such as if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
i Since rely,-
Origiaal signed by:
Nicola F. Conicella, Project Manager Project Directorate I-l 1
Division of Reactor Projects - 1/II Office of Nuclear Reactor Regulation i
cc:
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