ML20059J518

Advises That Rev 2 to Topical Rept NEDC-31317P, James A. FitzPatrick NPP SAFER/GESTR-LOCA LOCA Analysis, Dated Apr 1993,will Be Withheld from Public Disclosure Per PASNY Request & 10CFR2.790.Record Copy

ML20059J518
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: ML20059J518 (3)

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January 25, 1994 Docket No. 50-333 Mr. David J. Robare Project Manager - l Plant Licensing General Electric Company 175 Curtner Avenue San Jose, California 95125

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATI0F FROM PUBLIC DISCLOSURE -

JAMES A. FITZPATRICK NUCLEAR POWER PLANT (TAC NO. M83182)

By .790|letter dated August 18, 1993]], the Power Authority of the State of New York (PASNY) submitted report NEDC-32016P-1, " Power Uprate Safety Analysis for the James A. FitzPatrick Nuclear Power Plant," Revision 1, dated April 1993. This report superseded and replaced report NEDC-32016P, " Power Uprate Safety Analysis for the James A. FitzPatrick Nuclear Power Plant," dated December 1991. Included in PASNY's submittal was your affidavit, dated April 30, 1993, requesting that NEDC-32016P-1 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.

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 the U.S. Nuclear Regulatory Commission (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 n' disclosure. You stated in your affidavit that the remainder of the U\O M O.L 005h 0

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f- Mr. David J. Robare January 25,:1994  ;

information constitutes a confidential compilation of information which, as l awhole, represents an integrated process or approach that GE has developed, l obtained NRC approval of, and applied to perform evaluations of the safety-  !

significant changes necessary to demonstrate regulatory acceptability of power t uprate for a GE boiling water reactor. 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.

l 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 i determined that the submitted information sou.1ht to be withheld contains trade secrets or proprietary information. ,

Therefore, the report, entitled " Power Uprate Safety Analysis for the James A. .[

FitzPatrick Nuclear Power Plant," Revision 1, 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.

i 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. '

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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 18, 1993, requested that the NRC return all copies of NEDC-32016P held by the NRC to PASNY. Consistent with that request, copies of NEDC-32016P held by the NRC were returned to PASNY by letter dated i January 19, 1994.

Sincerely, i Original signed by:

Brian C. McCabe, Senior Project Manager l Project Directorate I-l- i Division of Reactor Projects - I/II '

Office of Nuclear Reactor Regulation cc: See next page Distribution- 1 Docket File SVarga CVogan CCowgill, RGN-I  !

NRC & Local PDRs JCalvo BMcCabe  !

PDI-l Reading RAcapra MPSiemien, OGC i OSee previous concurrence LA:PDI-l PM:PDI-1 A OGC D:PDI-l j CVogan 60 BMcCabe:k *MPSiemien RACapra @

_l 1/M/94 1/d94 01/12/94 01 /25/94 / / /: /

OFFICIAL RECORD COPY FILENAME: Fi?a?l82.PR0

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James A. FitzPatrick Nuclear Power Authority of the State of New York Power Plant cc:

Mr. Gerald C. Goldstein Ms. Donna Ross Assistant General Counsel New York State Energy Office Power Authority of the State 2 Empire State Plaza of New York 16th Floor 1633 Broadway Albany, New York 12223 New York, New York 10019 Mr. Leslie M. Hill .;

Resident Inspector's Office Vice President - Appraisal U. S. Nuclear Regulatory Commission and Compliance Services P.O. Box 136 Power Authority of the State ,

Lycoming, New York 13093 of New York 123 Main Street Mr. Harry P. Salmon, Jr. L'hite Plains, New York 10601 Resident Manager e James A. FitzPatrick Nuclear Mr. Ralph E. Beedle Power Plant Executive Vice President, Nuclear P.O. Box 41 Generation Lycoming, New York 13093 Power Authority of the State of New York Mr. J. A. Gray, Jr. 123 Main Street Director Nuclear Licensing - BWR White Plains, New York 10601 Power Authority of the State -

of New York 123 Main Street Whita Plains, New York 10601 Supervisor

' Town of Scriba Route 8, Box 382 Oswego, New York 13126 Mr. Robert G. Schoenberger Acting President Power Authority of the State '

of New York '

123 Main Street White Plains, New York 10601 l l

Charles Donaldson, Esquire  !

Assistant Attorney General  !

New York Department of Law i 120 Broadway '

New York, New York 10271 i

Regional Administrator, Region I '

U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, Pennsylvania 19406 l

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