ML20057D186

Informs That Info Submitted on 930813 Re Recent Fuel Failure Event at Plant,Marked as Proprietary Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5)

ML20057D186
Person / Time
Site:	Palisades
Issue date:	09/21/1993
From:	Hsia A Office of Nuclear Reactor Regulation
To:	Copeland R SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER
References
NUDOCS 9310010231
Download: ML20057D186 (4)

Text

- _ _ - _ _ _ _ _ _ _ _ - _

j## "4 e

.? Y,

. i' '%

UNITED STATES

& ()

i(%\\

l!

NUCLEAR REGULATORY COMMISSION 8

WASHINGTON, D.C. 20555 4001 i.

j September 21, 1993 Docket No. 50-255 Mr. Richard A. Copeland Manager, Product Licensing Siemens Power Corporation P. O. Box 130 Richland, WA 99352-0130 l

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE l

l By application dated August 16, 1993, Consumers Power Company (CPCo) submitted l

responses to NRC's August 3,1993, request for additional information regarding a recent fuel failure event at the Palisades Plant.

Included in CPCo's submittal was your affidavit dated August 13, 1993, requesting that portions of the enclosure be withheld from public disclosure pursuant to 10 CFR 2.790.

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

1.

The document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by SPC and not made available to the public.

2.

The document contains information which is vital to a competitive advantage of SPC and would be helpful to competitors of SPC when competing with SPC.

3.

The information contained in the document reveals certain l

distinguishing aspects of SPC fuel design which secure a competitive advantage to SPC for fuel design optimization and marketability, and includes information utilized by SPC in its business which affords SPC an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information contained in the document.

4.

The document contains proprietary information which is held in confidence by SPC and is not available in public sources.

i 1

RB3 Bif CMTB COPY 2900%

n\\.

U 9310010231 930921 PDR ADOCK 05000255 1g P,

PDR

i i

Mr. Richard A. Copeland September 21, 1993 We have reviewed the application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the version of the submitted information 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 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 i

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,

[.

Anthony H.

sia, Project Manager Project Directorate III-1 Division of Reactor Projects - III/IV/V Office of Nuclear Reactor Regulation cc:

See next page i

r f

i

(

b

t Mr. Richard A. Copeland September 21, 1993 i

We have reviewed the application and the material in accordance with the-requirements of 10 CFR 2.790 and, on the. basis of your statements, have determined that the submitted information sought to be withheld contains trade r

secrets or proprietary commercial information.

Therefore, the version of the submitted information marked as proprictary will i

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.

I 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 a

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, Original Signed By:

Anthony H. Hsia, Project Manager Project Directorate III-1 Division of Reactor Projects - III/IV/V l

Office of Nuclear Reactor Regulation cc:

See next page i

DISTRIBUTION:

Docket File WDean NRC PDR CJamerson Local PDR AHsia PD3-1 Rdg. file MPSiemien,0GC JRoe BJorgensen, RIII JZwolinski j

LA:PD3-1 A/ hh:PD3-1 OGC

.,,610:D\\PD3-1 CJamersonk AHHba MPSiemNn bMbean 09/ M /93 09/24 /93 09/ M/93 09/ Zi /93 0FFICIAL RECORD COPY DOCUMENT NAME:

G:\\WPDOCS\\ PALISADE \\PA930816. PRO i

d

Consumers Power Company Palisades Plant cc:

M. I. Miller, Esquire Sidley & Austin Nuclear Facilities and Environmental 54th Floor Monitoring Section Office One First National Plaza Division of Radiological Health Chicago, Illinois 60603 Department of Public Health 3423 N. Logan Street Mr. Thomas A. McNish, Secretary P. O. Box 30195 Consumers Power Company Lansing, Michigan 48909 212 West Michigan Avenue Jackson, Michigan 49201 Gerald Charnoff, Esquire Shaw, Pittman, Potts and Trowbridge Judd L. Bacon, Esquire 2300 N Street, N. W.

Consumers Power Company Washington DC 20037 212 West Michigan Avenue Jackson, Michigan 49201 Alora Davis Commitment Tracking System Regional Administrator, Region III Coordinator U.S. Nuclear Regulatory Commission Palisades Plant 799 Roosevelt Road Consumers Power Company Glen Ellyn, Illinois 60137 27780 Blue Star Memorial Hwy.

Covert, Michigan 49043-9530 Jerry Sarno Township Supervisor Mr. Gerald B. Slade Covert Township Plant General Manager 36197 M-140 Highway Palisades Plant Covert, Michigan 49043 Consumers Power Company 27780 Blue Star Memorial Highway Office of the Governor Covert, Michigan 49043 Room 1 - Capitol Building Lansing, Michigan 48913 Mr. David W. Rogers Safety and Licensing Director Palisades Plant 27780 Blue Star Memorial Highway Covert, Michigan 49043 U.S. Nuclear Regulatory Commission Resident Inspector Office Palisades Plant 27782 Blue Star Memorial Highway Covert, Michigan 49043 ac mo e