ML20059G889

Forwards C-E Nonproprietary Metallurgical Exam Rept, TR-MCC-306, Exam of Sections of Pressurizer PORV Line Safe- End Failure from Palisades Nuclear Generating Station, in Reply to NRC 931007 Request for Info

ML20059G889
Person / Time
Site:	Palisades
Issue date:	11/01/1993
From:	Rogers D CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML18059A493	List: ML18059A492 ML18059A516 ML20059G889
References
TAC-M87760, NUDOCS 9311090172
Download: ML20059G889 (6)

Text

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Consumers POW 8f oavid w. nos.ra Plant Safety and Licensing Director POWERING MICHIGAN'S PROGRESS Pahsades Nuclear Plant: 27780 Blue Star Memorial Highway, Covert, MI 49043 November 1, 1993 Nuclear Regulatory Commission Document Control Desk Washington, DC 20555 DOCKET 50-255 - LICENSE DPR PALISADES PLANT - REPLY TO NRC REQUEST FOR INFORMATION REGARDING THE PRESSURIZER SAFE END CRACK - METALLURGICAL EXAMINATION REPORT (TAC No. 87760)

A letter dated October 20, 1993 contained much of the information that the NRC had requested in their October 7, 1993 information request concerning the pressurizer safe end crack. At that time, the metallurgical evaluation report of the pressurizer power operated relief valve line safe end crack had not been completed.

Enclosure 1 to this letter contains the metallurgical examination report for the pressurizer safe end crack.

Combustion Engineering (CE), Incorporated considers the information provided in the Attachment I to the enclosed CE report to be proprietary (I page). In accordance with 10 CFR 2.790(b), to support the NRC withholding proprietary information, an affidavit from CE is attached. It is therefore requested that the CE proprietary information be withheld from public disclosure. Since only one page of the report contains proprietary information, Enclosure 2 contains the two cover sheets and the non-proprietary page for placement of the report in the public document room.

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ld V David W Rogers Plant Safety and Licensing Director CC Administrator, Region III, USNRC NRC Resident Inspector-Palisades Attachment rif  !

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C9311090172 PDR c PDR 931101' L A CMS ENE7?GYCOMPANY 1

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AFFIDAVIT PURSUANI ,

TO 10 CFR 2.790 '

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Combustion Engineering, Inc. ) j State of Connecticut )  ;

County of Hartford ) SS.:

I, S. A. Toelle, depose and say that I am the Manager, Nuclear i Licensing, of Combustion Engineering, Inc., duly authorized to make this affidavit, and have reviewed or caused to have reviewed the information which is identified as proprietary and referenced in the  !

paragraph immediately below. I am submitting this affidavit in j conjunction with the application of Consumers Power Company and in conformance with the provisions of 10 CFR 2.790 of the Commission's '

regulations. I i

The information for which proprietary ~ treatment is sought is F

contained in the following document:  :

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i Attachment 1 to TR-MCC-306, " Examination of Sections of the I Pressurizer PORV Line Safe-End Failure From the Palisades Nuclear Generating Station," October 1993.

f This document has been appropriately designated as proprietary. ~

I have personal knowledge of the criteria and procedures  !

L utilized by Combustion Engineering in designating information as a trade' secret, privileged or as confidential commercial or financial i information. '

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6 i Pursuant tc the provisions of paragraph (b) (4) of Section 2.790  !

of the Commission's regulations, the following is furnished for j consideration by the Commission in determining whether the f information sought to be withheld from public disclosure, included in l l

the above referenced documents, should be withheld. '

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1. The information sought to be withheld from public disclosure,  ;

which is owned and has been held in confidence by Combustion  !

i Engineering, is specific fabrication specification and material l

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test data associated with the Palisades Plant pressurizer built i by Combustion Engineering.  !

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2. The information consists of test data or other similar data  ;

i concerning a process, method or component, the application of ]

i which results in substantial competitive advantage to Combustion  !

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Engineering.

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3. The information is of a type customarily held in confidence by l Combustion Engineering and not customarily disclosed to the I public. Combustion Engineering has a rational basis for i

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determining the types of information customarily held in i i

confidence by it and, in that connection, utilizes a system to f i

determine when and whether to hold certain types of information  !

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in confidence. The details of the aforementioned system were  !

provided to the Nuclear Regulatory Commission via letter DP-537 i

from F. M. Stern to Frank Schroeder dated December 2, 1974. I t

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This system was applied in determining that the subject document herein is proprietary, j

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4. The informaticn is being transmitted to the Commission in f

confidence under the provisions of 10 CFR 2.790 with the  :

understanding that it is to be received in confidence by the Commission.

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5. The information, to the best of my knowledge and belief, is not 4

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available in public sources, and any disclosure to third parties l I

has been made pursuant to regulatory provisions or proprietary l agreements which provide for maintenance of the information in confidence.

6. Public disclosure of the information is likely to cause j substantial harm to the competitive position of Combustion Engineering because:

a. A similar product is manufactured and sold by major pressurized water reactor competitors of Combustion Engineering.

b. Development of this information by C-E required thousands t

of manhours and hundreds of thousands of dollars. To the '

best of my knowledge and belief, a competitor would have to undergo similar expense in generating equivalent information.

c. In order to acquire such information, a competitor would ,

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also require considerable time and ' inconvenience to i ascertain the specific material properties pertaining to'  !

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I the palisades Plant pressurizer. '

d. The information required significant effort and expense to i obtain the licensing approvals necessary for application of the information. Avoidance of this expense would decrease a competitor's cost in applying the information and I marketing the product to which the- information is '

t applicable.

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e. The information consists of specific fabrication j specification and material test data associated with the Palisades Plant pressurizer built by Combustion l

l Engineering, the application of which provides a {

l competitive economic advantage. The availability of such  !

information to competitors would enable them to modify (

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their product to better compete with combustion t

Engineering, take marketing or other actions to improve

]i their product's position or impair the position of l

Combustion Engineering's product, and avoid developing  ;

similar data and analyses in support of their processes, methods or apparatus.

f. In pricing Combustion Engineering's products and services, {

significant research, development, engineering, analytical,  !

manufacturing, licensing, quality assurance and other costs #

and expenses must be included. The ability of Combustion i i

i' Engineering's competitors to utilize such information i

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_s_ q without similar expenditure of resources may enable them to f sell at prices reflecting significantly lower costs. l i

g. Use of the information by competitors in the international ,

marketplace woald increase their ability to market nuclear

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steam supply systems by reducing the costs associated with  !

t their technology development. In addition, disclosure  ;

would have an adverse economic impact on Combustion j Engineering's potential for obtaining or maintaining  !

foreign licensees.  !

i Further the deponent sayeth not. l i

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/1 S. A. I ,. ll '

S. A. Toelle Manager ,

Nuclear Licensing  ;

Sworn to before me this ~29 day of bCIC EhFd' , 1993 wxo,uuj z<1n , e  ;

Noy5ryP6blic  ;

My commission expires:

wceawa.wsa a  : '

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ENCLOSURE 2 i Consumers Power Company I P:.lisades Plant Docket 50-255 .l I

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i METALLURGICAL EXAMINATION REPORT - NON-PROPRIETARY EXAMINATION OF SECTIONS OF THE PRESSURIZER PORV {

LINE SAFE-END FAILURE FROM THE PALISADES NUCLEAR GENERATING STATION  !

- (TAC No. 87760) 1 q

November 1, 1993 i

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