ML20059J514
| ML20059J514 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 01/25/1994 |
| From: | Mccabe B Office of Nuclear Reactor Regulation |
| To: | Robare D GENERAL ELECTRIC CO. |
| References | |
| TAC-M83182, NUDOCS 9402010055 | |
| Download: ML20059J514 (3) | |
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UNITED STATES I I)W B
NUCLEAR REGULATORY COMMISSION
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January 25, 1994 Docket No. 50-333 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 -
JAMES A. FITZPATRICK NUCLEAR POWER PLANT (TAC NO. M83182)
By "JPN-93-059, Application for Amend to License DPR-59,increasing Authorized Maximum Power Level by 4.1 Percent to 2536 Megawatts Thermal.Forwards Central Files Version of LOCA, JAFNPP SAFER/GESTR-LOCA, Withheld Ref [[CFR" contains a listed "[" character as part of the property label and has therefore been classified as invalid..790|letter dated August 17, 1993]], the Power Authority of the State of New York (PASNY) submitted report NEDC-31317P, " James A. FitzPatrick Nuclear Power Plant SAFER /GESTR-LOCA Loss-of-Coolant Accident Analysis," Revision'2, dated April 1993. This report superseded and replaced Revision 1 of NEDC-31317P, dated November 1991.
Included in PASNY's submittal was your affidavit, dated May 7,1993, requesting that Revision 2 of NEDC-31317P 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:
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.
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 information.
Therefore, the report, entitled " James A. FitzPatrick Nuclear Power Plant SAFER /GESTR-LOCA Loss-of-Coolant Accident Analysis," Revision 2, dated April 1993, marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
A 9402010055 940125 i
PDR ADOCK 05000333
[5"oon EC FRE CENTER C@PY 4
Mr. David J. Robare January 25, 1994 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.
PASNY's submittal of August 17, 1993, requested that the NRC return all copies of NEDC-31317P, Revision 1, held by the NRC to PASNY. Consistent with that request, copies of NEDC-31317P, Revision 1, held by the NRC were returned to PASNY by letter dated January 19, 1994.
Sincerely, Original signed by:
Brian C. McCabe, Senior Project Manager Project Directorate I-l Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc:
See next page Distribution:
Docket File RACapra NRC & Local PDRs CVogan PDI-l Reading BMcCabe SVarga MPSiemien, OGC JCalvo CCowgill, RGN-I
- See previous concurrence LA:PDI-l PM:PDI-l, OGC D:PDI-l CVogan y BMcCabe[lh
- MPSiemien RAcapra i/U/94
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OFFICIAL RECORD COPY FILENAME: FIl83182. PRO
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't James'A. FitzPatrick Nuclear i
Power Authority of the State of New York Power Plant CC:
i Mr. Gerald C. Goldstein Regional Administrator, Region I Assistant General Counsel U.S. Nuclear. Regulatory Commission Power Authority of the State 475 Allendale Road of New York King of Prussia, Pennsylvania 19406 r
1633 Broadway 1
New York, New York 10019 Ms. Donna Ross New York State Energy Office Resident Inspector's Office 2 Empire State Plaza U. S. Nuclear Regulatory Commission 16th Floor P.O. Box 136 Albany, New York 12223 Lycoming, New York 13093 i
Mr. Leslie M. Hill Mr. Harry P. Salmon, Jr.
Vice President - Appraisal Resident Manager and Compliance' Services James A. FitzPatrick Nuclear Power Authority of the State Power Plant of New York
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P.O. Box 41 123 Main Street Lycoming, New York 13093 White Plains, New York 10601 Mr. J. A. Gray, Jr.
Mr. Ralph E. Beedle Director. Nuclear Licensing - BWR Executive Vice President, Nuclear Power Authority of the State Generation of New York Power Authority of the State of i
123 Main Street New York White Plains, New York 10601 123 Main Street White Plains, New York 10601
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Supervisor i
Town of Scriba Route 8, Box 382
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Oswego, New York 13126 Mr. Robert G. Schoenberger Acting President i
Power Authority of the State of New York 123 Main Street White Plains, New York 10601 Charles Donaldson, Esquire Assistant Attorney General l
New' York Department of Law E
120 Broadway f
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