ML20056F456
| ML20056F456 | |
| Person / Time | |
|---|---|
| Issue date: | 07/07/1993 |
| From: | Clifford J Office of Nuclear Reactor Regulation |
| To: | Rytkonen B ELECTRIC POWER RESEARCH INSTITUTE |
| References | |
| NUDOCS 9308270260 | |
| Download: ML20056F456 (6) | |
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4 UNITED STATES
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' j NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20E0001 f
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July 7,1993 Electric Power Research Institute ATTN: Mr. Bruce B. Rytkonen Contracts Manager Contracts Division 3412 Hillview Avenue P. O. Box 10412 Palo Alto, California 94303
Dear Mr. Rytkonen:
SUBJECT:
REQUEST FOR WITHHOLDING OF B0ILING WATER REACTOR OWNERS' GROUP (BWROG) REFERENCE LEG DE-GAS TEST PROGRAM FROM THE ELECTRIC POWER RESEARCH INSTITUTE By your letter dated April 30, 1993, signed by Mr. Bruce B. Rytkonen, the following document was requested to be withheld from public disclosure pursuant to 10 CFR 2.790 (a)(4):
Attachment A to the letter from B. Rytkonen, EPRI, to NRC. Document Control Desk dated April 30, 1993.
The Electric Power Research Institute (EPRI) affidavit dated April 30, 1993, forwarded with the proprietary document stated that the submitted information (now referred to as " Data") should be considered exempt from mandatory public disclosure for the following reasons:
(i)
The Data has been held in confidence by EPRI, its owner.
All those (NRC and industry) receiving the Data are being required by confidentiality agreements'to preserve the confidentiality of the Data.
Such receipt of the Data by such members and contractors will not impair the proprietary and confidential nature of the Data nor will such receipt impair the value of the Data as Trade Secrets.
(ii)
The Data is of a type customarily held in confidence by EPRI and there is a rational basis therefor. -The Data is of a type.the EPRI considers to be Trade Secrets.
Such Data is customarily held in confidence by EPRI because to disclose it would prevent EPRI from licensing the Data (or subsequent reports developed from the Data) at fees which would allow EPRI and/or the BWROG to recover its investment.
If consultants and other businesses providing. services in the I
nuclear power industry were able to obtain the Data, they would be able to use it commercially for profit and avoid spending the large amount of money that EPRI was required to spend to obtain the Data.
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(iii)
The Data will-be transmitted and received by the NRC in -
k confidence.
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Mr. Bruce B. Rytkonen.
l (iv)
The Data is not available in public sources.
EPRI developed i
the Data only after making a determination that the Data was not available from public sources. EPRI was required to l
spend a large amount of money through payments to contractors which are set forth in Attachment A.
(v)
A public disclosure of the Data would be highly likely to cause substantial harm to EPRI's competitive position and the ability of EPRI and/or the BWROG to license this Data both domestically and internationally.
We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of the affidavit, have determined that the submitted information sought to be withheld contains t
proprietary commercial information. However, water level instrumentation is crucial to the safety of Boiling Water Reactors (BWRs). This instrumentation is used for automatic safety system actuation and guides long term operator
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actions during an accident scenario.
The test data provided to the NRC staff by the BWROG indicates that significant errors may occur in this instrumentation under certain conditions.
This information was used by the t
staff to confirm the significance of this issue, and was one of the factors considered by the staff in deciding tc take action on May 28, 1993, to issue NRC Bulletin 93-03, requesting additional short term compensatory actions, and I
more firmly defining a schedule for implementation of hardware modifications to resolve this issue as of the next cold shutdown after July 30, 1993.
The staff has also used this information in its decision on the acceptability of continued interim plant operation.
It is on this basis that the NRC considers it in the best interest of the public to release the BWROG reference leg de-gas test data.
Your letter contained a claim that the information is proprietary and is customarily held in confidence by your organization. However, although your supporting affidavit submitted on April 30, 1993, asserts that this information relates to " trade secrets", you provided no information to support j
the conclusion that the information relates to trade secrets, processes, i
operations, style of work or apparatus or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person or organization.
If you wish the Commission to consider your claim, it will be necessary for you to identify with specificity l
each item of information covered by your claim along with detailed information, supported by affidavits demonstrating that such information is within the purview of 18 USC 1905 and within the scope of the term as used in Exemption 4 of the Freedom of Information Act, 5 USC 552(b)(4).
Similarly, although the affidavit submitted on April 30, 1993, asserts that public disclosure of the data would be highly likely to cause substantial harm to EPRI's competitive position and the ability of EPRI and/or the BWROG to license this Data both domestically and internationally, you provided no information to support your claim of substantial harm to the competitive 4
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l Mr. Bruce B. Rytkonen July 7, 1993 position of EPRI or of substantial harm to the competitive position of the BWROG.
If you wish the Commission to consider such claim, you should identify with specificity each item of information covered by this claim along with detailed information, supported by affidavits, demonstrating the nature of such competitive harm and showing the likelihood of harm to the competitive positions at both EPRI and the BWROG.
Such information should be submitted within 30 days from the date of this letter; otherwise, the documents in question will be subject to placement in the NRC Public Document Room.
In addition, the data has been provided and used by the Advisory Committee on Reactor Safeguard, and as a result of the Federal Advisory Committee Act, 5 U.S.C. app. (1982), there is no provision for subsequently withdrawing the data.
Sincerely, Original signed by James W. Clifford, Senior Project Manager Project Directorate V Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc:
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position of EPRI or of substantial harm to the competitive position of the BWROG.
If you wish the Commission to consider such claim, you should identify with specificity each item of information covered by this claim along with detailed information, supported by affidavits, demonstrating the nature of such competitive harm and showing the likelihood of harm to the competitive positions at both EPRI and the BWROG, Such information should be submitted within 30 days from the date of this letter; otherwise, the documents in question will be subject to placement in the NRC Public Document Room.
In addition, the data has been provided and used by the Advisory Committee on Reactor Safeguard, and as a result of the Federal Advisory Committee Act, 5 U.S.C. app. (1982), there is no provision for subsequently withdrawing the data.
Sincerely,
- .Af tb' <v Ja es W. Cliff d, Senior Project Manager Project Directorate V Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc:
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Electric Power Research Institute cc:
Mr. George J. Beck, Chairman Regulatory Response Group Boiling Water Reactor Owners' Group c/o Southern Nuclear Operating Company P. O. Box 1295, Bin 8052 Birmingham, Alabama 35201 Mr. Paul Blanch 135 Hyde Road Hartford, Connecticut 06117 Mr. Ernest Hadley 414 Main Street P. O. Box 3121 Wareham, Massachusetts 02571
J Mr. Bruce B. Rytkonen.
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In addition, the data has been provided and used by the Advisory Comm ttee on Reactor Safeguard, and as a result of the Federal Advisory Committee Act, 5 U.S.C. app. (1982), there is no provision for subsequently with awing the data.
l Sincerely, i
James W. Clifford, Jenior Project Manager Project Directora 4 V Division of Rea t)or Projects III/IV/V Office of Nucl ar Reactor Regulation cc:
See next page DISTRIBUTION:
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