ML20057F150
| ML20057F150 | |
| Person / Time | |
|---|---|
| Issue date: | 10/06/1993 |
| From: | Clifford J Office of Nuclear Reactor Regulation |
| To: | Rytkonen B ELECTRIC POWER RESEARCH INSTITUTE |
| References | |
| NUDOCS 9310140204 | |
| Download: ML20057F150 (4) | |
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NUCLEAR REGULATORY COMMISSION
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October 6,1993 :
Electric Power Research Institute ATTN:- Mr. Bruce B. Rytkonen Contracts Manager Contracts Division 3412 Hillview Avenue I
P. O. Box 10412 Palo Alto, California 94303
Dear Mr. Rytkonen:
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SUBJECT:
REQUEST FOR WITHHOLDING 0F BOILING WATER REACTOR OWNERS' GROUP l
(BWROG) REFERENCE LEG DE-GAS TEST PROGRAM FROM THE ELECTRIC POWER RESEARCH INSTITUTE We have received your letter of August 5,1993, that provided additional information regarding the nature of trade secrets contained in the BWROG reference leg de-gas test program data, as well as information regarding the potential for substantial competitive harm if the data were released to the public.
Before we make our final decision on your request for withholding, there are several-issues.that we need clarified from your response.
In our letter dated July 7,1993, we explained our basis for considering the importance of release of the EPRI de-gas test data.
This basis included'the use of the data by the NRC staff in confirming the significance of the issue.
This data was one of the factors leading to the issuance of NRC Bulletin (NRCB) 93-03, and the NRC staff used the data in making its decision on the acceptability of continued interim plant operation.
The specific information the NRC staff used in its assessments and licensing decisions, and is considering for public release, is the "De-gas Test Shakedown Progress Report," including "De-gas Test Progress Reports" for each test run, the "De-gas Testing Summary," and graphs of the de-gas test results themselves.
Your response appeared to consider the usefulness of the data to BWROG members, including cost considerations, but did not appear to provide any information that addressed the right of the public to be fully apprised as to the basis for, and effects of, licensing actions.
It is within the Commission's discretion to determine the balance between public rights and legitimate concerns for protection of competitive positions.
If you have any information that you want the Commission to consider regarding public rights to the data, please provide that information. See 10 CFR 2.790(b)(5).
t Another issue is that your letter did not identify with specificity each item j
of information covered by your claim with detailed information supporting your assertion that the information is a. trade secret.
Instead, your letter implies an assertion that the entire document is a trade secret and disclosure would cause substantial competitive harm.
Please clarify whether or not you are asserting that every item of information in the report is proprietary and confidential, and that you are not claiming that any item of information has separate value or significance.
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Mr. Bruce B. Rytkonen In addition to the issues of specificity in your claim of trade secrets, we i
also requested that you provide supporting affidavits demonstrating that such information claimed to be " trade secrets" 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). You did not provide affidavits. supporting your claims. Your letter reasserts that the information in the report is of the type covered by the Uniform Trade Secrets Act, as adopted by the State of California in 1984.
Please clarify whether or not you are claiming that the information included in your request for withholding is within the purview of 18 USC 1905, and if so, please provide supporting affidavits.
As discussed in our July 7,1993, letter to you, portions of the data were presented by the BWROG to the NRC Advisory Committee on Reactor Safeguards during a public meeting on May 12, 1993. As we discussed in our letter, under the Federal Advisory Committee Act, 5 U.S.C. app. (1982), there is no provision to withdraw information presented to the Advisory Committee during a public meeting. While you did submit a separate request on May 10, 1993, to withhold information presented to the ACRS, the data discussed in paragraph (2) above was discussed with the ACRS, and, therefore, this information is no longer subject to the withdrawal provisions of 10 CFR 2.790 (c).
l As a final issue of clerification, you stated in your August 5,1993, letter that you would produce make available to the NRC a non-proprietary report that would have the relevant information used by the NRC in its assessment of this issue. The information the staff used in its assessment is identified in the second paragraph of this letter.
Your non-proprietary version of the report would need to include all the information in the sections identified in the second paragraph to encompass all the information the NRC staff used in i
making its assessment of this issue.
We ask that you respond with the requested clarifications within thirty (30) days of the date of this letter.
Sincerely,
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J mes W. Cliffor, Senior Project Manager Project Directorate V Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation ct.: See next page
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 B052 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 l
i
,4 October 6, 1993 Mr. Bruce B. Rytkonen In addition to the issues of specificity in your claim of trade secrets, we also requested that you provide supporting affidavits demonstrating that such information claimed to be " trade secrets" 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).
You did not provide affidavits supporting your claims.
Your letter reasserts that the information in the report is of the type covered by the Uniform Trade Secrets Act, as adopted by the State of California in 1984.
Please clarify whether or not you are claiming that the information included in your request for withholding is within the purview of 18 USC 1905, and if so, please provide supporting affidavits.
As discussed in our July 7,1993, letter to you, portions of the data were presented by the BWROG to the NRC Advisory Committee on Reactor Safeguards during a public meeting on May 12, 1993. As we discussed in our letter, under the Federal Advisory Committee Act, 5 U.S.C. app. (1982), there is no provision to withdraw information presented to the Advisory Committee during a public meeting. While you did submit a separate request on May 10, 1993, to withhold information presented to the ACRS, the data discussed in paragraph (2) above was discussed with the ACRS, and, therefore, this information is no longer subject to the withdrawal provisions of 10 CFR 2.790 (c).
As a final issue of clarification, you stated in your August 5,1993, letter that you would produce and make available to the NRC a non-proprietary report that would have the relevant information used by the NRC in its assessment of this issue. The information the staff used in its assessment is identified in the second paragraph of this letter. Your non-proprietary version of the report would need to include all the information in the sections identified in the second paragraph to encompass all the information the NRC staff used in making its assessment of this issue.
We ask that you respond with the requested clarifications within thirty (30) days of the date of this letter.
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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Central File NRC & Local PDRs PDV Reading File JRoe EAdensam TQuay JClifford EBarnhill MPSiemien, 15B18 KPerkins, RV
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