ML20057F393
| ML20057F393 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 10/12/1993 |
| From: | James Shea Office of Nuclear Reactor Regulation |
| To: | Recasha Mitchell GENERAL ELECTRIC CO. |
| References | |
| TAC-M86826, TAC-M86827, NUDOCS 9310150236 | |
| Download: ML20057F393 (4) | |
Text
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October 12. 1993 Docket Nos. 50-277 and 50-278 Mr. Robert C. Mitchell Project Manager-Safety and Communications General Electric Company 175 Curtner Avenue San Jose, California 95125
Dear Mr. Mitchell:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, PEACH BOTTOM ATOMIC POWER STATION, UNITS 2 AND 3, (TAC NOS. M86826 AND M86827)
By letter dated June 23, 1993, Philadelphia Electric Company (PEco) submitted NEDC-32183P, " Power Rerate Safety Analysis Report for Peach Bottom 2 & 3,"
Class III, dated itay 1993.
Included in PECo's submittal was your affidavit, dated June 15, 1993, requesting that the report 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 information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electric's competitors without a license from General Electric constitutes a competitive economic advantage over other companies.
2.
The 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 state that certain individual sections of the analysis, identified with bars in the margin, should be considered proprietary because they contain detailed results and conclusions from the analysis.
You further state 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 state that these models and methods were developed and approved at a significant cost to GE.
In addition to the specifically marked proprietary information, you have requested that the remainder of the information be withheld in its entirety.
You state in your afffidavit that the remainder of the information constitutes a confidential compilation of information which, as a whole, represent an integrated process or approach that GE has developed, obtained NRC approval of, and applied to perform evaluations of the safety significant issues necessary to demonstrate regulatory acceptability of power uprate for a GE boiling water reactor (BWR). The development and approval of this approach g
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- 3 Mr. Robert C. Mitchell October 12. 1993 was performed at a significant cost to GE over and above the cost of developing the underlying 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 General Electric's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, your report, entitled, " Power Rerate Safety Analysis Report for Peach Bottom 2 & 3," Class III, 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 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,
/S/
Joseph W. Shea, Project Manager Project Directorate I-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc:
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O i Mr. Robert C. Mitchell October 12, 1993 was performed at a significant cost to GE over and above the cost of i
developing the underlying proprietary analyses.
2 We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of General Electric's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, your report, e titled, " Power Rerate Safety Analysis Report for Peach Bottom 2 & 3," L;; n III, 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 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 i
public disclosure.
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. Shea, Project Manager P ject Directorate I-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc:
See next page
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Philadelphia Electric Company Peach Bottom Atomic Power Station, Units 2 and 3 cc:
J. W. Durham, Sr., Esquire Mr. William P. Dornsife, Director Sr. V.P. & General Counsel Bureau of Radiation Protection Philadelphia Electric Company Pennsylvania Department of 2301 Market Street, S26-1 Environmental Resources Philadelphia, Pennsylvania 19101 P. O. Box 2063 Harrisburg, Pennsylvania 17120 Philadelphia Electric Company ATTN: Mr. D. B. Miller, Vice President Board of Supervisors Peach Bcttom Atomic Power Station Peach Bottom Township Route 1, Box 208 R. D. #1 Delta, Pennsylvania 17314 Delta, Pennsylvania 17314 Philadelphia Electric Company Public Service Comission of Maryland ATTN:
Regulatory Engineer, Al-2S Engineering Division Peach Bottom Atomic Power Station ATIN:
Chief Engineer Route 1, Box 208 231 E. Baltimore Street Delta, Pennsylvania 17314 Baltimore, MD 21202-3486 Resident Inspector Mr. Richard McLean U.S. Nuclear Regulatory Comission Power Plant and Environmental Peach Bottom Atomic Power Station Review Division P.O. Box 399 Department of Natural Resources Delta, Pennsylvania 17314 B-3, Tawes States Office Building Annapolis, Maryland 21401 Regional Administrator, Region I U.S. Nuclear Regulatory Comission Mr. George A. Hunger, Jr.
475 Allendale Road Director-Licensing, MC 52A-5 King of Prussia, Pennsylvania 19406 Philadelphia Electric Company Nuclear Group Headquarters Mr. Roland Fletcher Correspondence Control Desk Department of Environment P.O. Box No. 195 201 West Preston Street Wayne, Pennsylvania 19087-0195 Baltimore, Maryland 21201 Carl D. Schaefer External Operations - Nuclear Delmarva Power & Light Company P.O. Box 231 Wilmington, DE 19899 John Doering, Chairman Nuclear Review Board Philadelphia Electric Company 955 Chesterbrook Boulevard Mail Code 52C-1 Wayne, Pennsylvania 19087 l
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