ML20059D995

From kanterella
Jump to navigation Jump to search
Requests That Info Proprietary to Util Be Withheld from Public Disclosure in Accordance w/10CFR2.790 of Commission Regulations
ML20059D995
Person / Time
Site: Vogtle  
Issue date: 12/29/1993
From: Carpenter C
Office of Nuclear Reactor Regulation
To: Mccoy C
GEORGIA POWER CO.
References
NUDOCS 9401100178
Download: ML20059D995 (4)


Text

. - _

J f "%

5 E

UNITED STATES

[

(!

NUCLEAR REGULATORY COMMISSION g

g WASHINGTON, D.C. 2055W1 December 29, 1993 Docket Nos. 50-424 and 50-425 Mr. C. K. McCoy Vice President Nuclear Vogtle Project Georgia Power Company P. O. Box 1295 Birmingham, Alabama 35201 l

Dear Mr. McCoy:

SUBJECT:

REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE - V0GTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2 By letter dated November 19, 1993, Georgia Power Company (GPC or licensee) requested proposed amendments to relocate the requirements of Technical Specification 3/4.3.4, Turbine Overspeed Protection, to Section 16.3 of the Final Safety Analysis Report (FSAR) for the Vogtle Electric Generating Plant, Units 1 and 2.

The licensee also submitted a report entitled " Probability of Missile Generation in General Electric Nuclear Turbines - Supplementary Report:

Steam Valve Surveillance Test Interval Extension" (GET-8039), which contains information proprietary to General Electric, the owner of the information. The licensee, therefore, requests that the information proprietary to General Electric be withheld from public disclosure in accordance with 10 CFR 2.790 of the Commission's regulations. A nonproprietary version of the report (GET-8039.1) was also submitted.

In an affidavit dated December 3, 1993, General Electric (GE) provided supporting information for withholding the proprietary information as stated below:

a.

Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; b.

Informaticn 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; c.

The information identified above is classified as proprietary because it l

contains generic performance data which are specifically applicable to equipment and systems supplied by GE.

Ineddition,itcontainsgenericr\\

l analysis results obtained by applying the proprietary GE turbine wh?el missile analysis which forms the basis for the current submittal to the gA NRC. This analysis was developed by GE and submitted to the NRC in a

\\D 9401100178 931229 5

hh$5 hhh khh PDR ADOCK 05000424 F P

PDR f,

i g

e

- lj 1

Mr. C. K. McCoy

-2_

December 29, 1993 proprietary 1984 report entitled " Probability of Missile Generation in General Electric Nuclear Turbines." Since its approval by the NRC in 1986 (reference NUREG-1048, Appendix'V), the analysis has been applied exclusively by GE.

The probabilistic wheel missile analysis provides GE i

with a unique methodology which supports GE's in-service wheel inspection program, provides a basis for supplying customers with recommendations on equipment inspection, testing and operational j

requirements, and supports discussions and negotiations on turbine i

rotor / wheel repair and replacement options.

Development of the involved equipment and associated performance data, and of the turbine wheel missile analysis including the analysis methods, data and computer programs, were achieved at a significant cost to GE, exceeding several million dollars.

The availability of these data and analysis capabilities constitutes a major GE asset.

The NRC has reviewed GE's material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of GE's statement, have determined that the submitted information sought to be withheld contains trade secrets or i

proprietary commercial information. Therefore, the proprietary information will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and I

Section 103(b) of the Atomic Energy Act, as amended.

i Withholding from public disclosure 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 should also 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 ar.y public disclosure.

Sincerely, C. E. Carpenter, Acting roject Manager Project Directorate II-3 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc:

See next page

lJF Mr. C. K. McCoy Georgia Power Company Vogtle Electric Generating Plant cc:

Mr. J. A. Bailey Harold Reheis, Director Manager - Licensing Department of Natural Resources Georgia Power Company

'205 Butler Street, SE. Suite 1252 P. O. Box 1295 Atlanta, Georgia 30334 Birmingham, Alabama 35201 Attorney General Mr. J. B. Beasley Law Department General Manager, Vogtle Electric 132 Judicial Building Generating Plant Atlanta, Georgia 30334 P. O. Box 1600 Waynesboro, Georgia 30830 Mr. Alan R. Herdt Project Branch #3 Regional Administrator, Region II U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission 101 Marietta Street, NW. Suite 2900 101 Marietta Street, NW., Suite 2900 Atlanta, Georgia 30323 Atlanta, Georgia 30323 Mr. Dan H. Smith, Vice President Office of Planning and Budget Power Supply Operations Room 615B Oglethorpe Power Corporation 270 Washington Street, SW.

2100 East Exchange Place Atlanta, Georgia 30334 Tucker, Georgia 30085-1349 Office of the County Commissioner Charles A. Patrizia, Esquire Burke County Commission Paul, Hastings, Janofsky & Walker Waynesboro, Georgia 30830 12th Floor 1050 Connecticut Avenue, NW.

Mr. J. D. Woodard Washington, DC 20036 Senior Vice President -

Nuclear Operations Arthur H. Domby, Esquire Georgia Power Company Troutman Sanders P. O. Box 1295 NationsBank Plaza Birmingham, Alabama 35201 600 Peachtree Street, NE.

Suite 5200 Atlanta, Georgia 30308-2216 Resident Inspector l

U. S. Nuclear Regulatory Commission P. O. Box 572 l

Waynesboro, Georgia 30830 l

l l

g 2-Mr. C. K. McCoy December 29, 1993 1

proprietary 1984 report entitled " Probability of Missile Generation in General Electric Nuclear Turbines." Since its approval by the NRC in 1986 (reference NUREG-1048, Appendix U), the analysis has been applied exclusively by GE. The probabilistic wheel missile analysis provides GE with a unique methodology which supports GE's in-service wheel inspection program, provides a basis for supplying customers with recommendations on equipment inspection, testing and operational requirements, and supports discussions and negotiations on turbine rotor / wheel repair and replacement options.

Development of the involved equipment and associated performance data, and of the turbine wheel missile analysis including the analysis methods, data and computer programs, were achieved at a significant cost i

to GE, exceeding several million dollars.

The availability of these.

data and analysis capabilities constitutes a major GE asset.

The NRC has reviewed GE's material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of GE's statement, have determined that the i

submitted information sought to be withheld contains trade secrets or i

proprietary commercial information. Therefore, the proprietary information will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and u

Section 103(b) of the Atomic Energy Act, as amended.

Withholding from public disclosure 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 consultarits working in this area. We will, of course, ensure that the consultants _have signed the appropriate agreements for handling proprietary information.

i J

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 should also 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 abcve, you will be notified in advance of any public disclosure.

DISTRIBUTION Sincerely, Docket File NRC/ Local PDRs PDII-3 Reading

/s/

SVarga C. E. Carpenter, Acting Project Manager Glainas Project Directorate 11-3 GCarpenter Division of Reactor Projects - 1/II LBerry Office of Nuclear Reactor Regulation MPSiemien,0GC cc:

See next page OH N PDII-3/LA h PDII-3/PM OGC h PDJI-3/D E

r L.BERRYN G.CARPENTE%jMP.SkMIEN k.PYi'SCY ME 12/k/93 12//b/93 h l2/,10 3 12/e/93 DATE

/9 0FFICIAL RECORO COPY FILE NAME: G:\\V0GTLE\\GET8039.WHO