ML20057F250
| ML20057F250 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 10/07/1993 |
| From: | Menning J Office of Nuclear Reactor Regulation |
| To: | Robare D GENERAL ELECTRIC CO. |
| References | |
| TAC-M87088, NUDOCS 9310150002 | |
| Download: ML20057F250 (4) | |
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UNITED STATES y*,3 j
NUCLEAR REGULATORY COMMISSION
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October 7, 1993 Docket No. 50-410 Mr. David J. Robare Project Manager -
Plant Licensing General Electric Company 175 Curtner Avenue San Jose, California 95125
Dear Mr. Robare:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. M87088)
By letter dated July 22, 1993, Niagara Mohawk Power Corporation (NMPC) submitted NEDC-31994F
" Power Uprate Licensing Evaluation for Nine Mile Point Nuclear Station Unit 2," Revision 1, dated May 1993.
Included in NMPC's submittal was your affidavit, dated April 30, 1993, requesting that this report be withheH from public disclosure pursuant to 10 CFR Part 2.790.
You stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
4.a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electric's (GE's) competitors without a license from General Electric constitutes a competitive economic advantage over other companies.
4.b.
Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
In your affidavit, you stated that certain individual sections of the report, identified with bars in the margin, are classified as proprietary because they contain detailed results and conclusions from the analysis.
You further stated that these results and conclusions were developed using analytic models and methods, including computer codes, that were developed by GE, and for which GE obtained NRC approval.
You stated that these models and methods were developed and approved at significant cost to GE.
In addition to the specifically marked proprietary information, you requested that the remainder of the information in the report be withheld from public disclosure.
You stated in your affidavit that the remainder of the information constitutes a confidential compilation of information which, as a
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Mr. David J. Robare October 7,1993 obtained NRC approval of, and applied to perform evaluaticns of the safety-significant changes necessary to demonstrate regulatory acceptability of power uprate for a GE boiling water reactor (BWR).
You stated that the development and approval of this approach was achieved at significant cost to GE, over and above the very large cost of developing the underlying individual proprietary analyses.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of GE's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the report, entitled " Power Uprate Licensing Evaluation for Nine Mile Point Nuclear Power Station Unit 2," Revision 1, dated May 1993, hirked as proprietary, will be withheld from public disclosure pursuant 10 CFi!
2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as ambided.
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 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, b
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[ John E. Menning, Project Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc: See next page I
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Mr. David J. Robare Niagara Mohawk Power Corporation General Electric Company Nine Mile Point Nuclear Station Unit 2 cc:
Mark J. Wetterhahn, Esquire Regional Administrator, Region I Winston & Strawn U. S. Nuclear Regulatory Commission 1400 L Street, NW.
475 Allendale Road Washington, DC 20005-3502 King of Prussia, PA 19406 Mr. Richard Goldsmith Charles Donaldson, Esquire Syracuse University Assistant Attorney General College of Law New York Department of Law E. I. White Hall Campus 120 Broadway Syracuse, New York 12223 New York, New York 10271 Resident Inspector Mr. Richard M. Kessel Nine Mile Point Nuclear Station Chair and Executive Director.
P. O. Box 126 State Consumer Protection Board Lycoming, New York 13093 99 Washington Avenue Albany, New York 12210 Gary D. Wilson, Esquire Niagara Mohawk Power Corporation Mr. John M. Mueller 300 Erie Boulevard West Plant Manager, Unit 2 Syracuse, New York 13202 Nine Mile Point Nuclear Station Niagara Mohawk Power Corporation Mr. David K. Greene P. O. Box 32 Manager Licensing Lycoming, New York 13093 Niagara Mohawk Power Corporation 301 Plainfield Road Vice President - Nuclear Generation Nine Mile Point Nuclear Station Syracuse, New York 13212 Niagara Mohawk Power Corporation P. O. Box 32 Ms. Donna Ross Lycoming, New York 13093 New York State Energy Office 2 Empire State Plaza Mr. B. Ralph Sylvia 16th Floor Executive Vice President, Nuclear Albany, New York 12223 Niagara Mohawk Power Corporation 301 Plainfield Road Supervisor Syracuse, New York 13212 Town of Scriba Route 8, Box 382 Oswego, New York 13126
T Mr.' David J. Robare October ' 7, 1993 e
obtained NRC approval of, and applied to perform evaluations of the safety-significant changes necessary to demonstrate regulatory acceptability of power uprate for a GE boiling water reactor (BWR).
You stated that the development and approval of this approach was achieved at significant cost to GE, over and above the very large cost of developing the underlying individual proprietary analyses.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of GE's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the report, entitled " Power Uprate Licensing Evaluation for Nine Mile Point Nuclear Power Stetion Unit 2," Revision 1, dated May 1993, marked as proprietary, will be withheld from public disclosure pursuant 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 i
understand that the NRC may have cause to review this determination in the c
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 siged ty Do:taid 5. Brinkma for:
John E. Menning, Project Manager Project Directorate I-l Division of Reactor Projects
'/II Office of Nuclear Reactor Rege<P ion cc:
See next page Distribution:
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OFFICIAL RECORD COPY a-FILENAME: NM287088.PR0