ML20062A035

Advises That 900611 Rept GE11 LTA Fuel Bundle Description Rept for PASNY Ja Fitzpatrick Nuclear Power Plant, Withheld from Public Disclosure

ML20062A035
Person / Time
Site:	FitzPatrick
Issue date:	10/09/1990
From:	Labarge D Office of Nuclear Reactor Regulation
To:	Brons J POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
References
NUDOCS 9010180284
Download: ML20062A035 (4)

Text

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i Docket No. 50-333 J

Mr. John C. Brons Executive Vice-President - Nuclear Generation i Power Authority of the State of New York ,

i 123 Main Street White Plains, New York 10601

Dear Mr. Brons:

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SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By application dated June 11, 1990, and the General Electric Company's affidavit dated March 8,1990, you submitted a report entitled, " Gell LTA Fuel Bundle Description Report for the Power Authority of the State of New York, James A. FitzPatrick Nuclear Power Plant" (Properietary) and requested ,

that it be withheld from public disclosure pursuant to 10 CFR 2.790.

You stated that the submitted infonnation should be considered exempt from mandatory public disclosure for the following reasons:

a. Infonnation that discloses a process, method or apparatus where prevention of its use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies;

b. Infonnation consisting of supporting data' and analyses, including test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g.,

by optimization or improved marketability;

c. 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;

d. Infonnation which reveals cost or price infonnation, production capacities, budget levels or comercial strategies of General Electric, its customers or suppliers;

e. Information which reveals aspects of past, present or future General Electric customer-funded development plans and programs of potential comercial value to-General Electric; w %l

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,' John C. Brons f. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection;

g. Information which General Electric must treat as proprietary according to agreements with other parties.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of the General Electric statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary connercial information.

Therefore, the version of the submitted infonnation 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.

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, OPJGINAL slGNED BY:

David E. LaBarge, Project Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation ec: See next page Distribution:

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• F11e 9 SVarga DLaBarge NRC/ Local PDRs BBoger CHolzle PDI-1 RF CVogan Plant File PDI-1 C4 PDI-1MP OGC UMD:PDI-1 CYogan: avl DLaBafge CHo be RAcapra lo/t/90 lo /+/90 p / /90 fo / 7/90 DOCUMENT NAME: WITHHOLDING FITZ i

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John C. Brons f. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection;

g. Information which General Electric must treat as proprietary l according to agreements with other parties. I We have reviewed your application and the material in accordance with the  !

requirements of 10 CFR 2.790 and, on the basis of the General Electric t statements, have determined that the submitted information sought to be I withheld contains trade secrets or proprietary connercial infomation.

)

Therefore, the version of the submitted infomation marked as be withheld from public disclosure pursuant to 10 CFR 2.790(b) (S)proprietary and Sectionwill 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 detemination'in the l- future, for example, if the scope of a Freedom of Infomation 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, i-Sincerely, W

David E. LaBarge, Project Manager

• Project Directorate I-1 Division of Reactor Projects - I/II i

Office of Nuclear Reactor Regulation cc: See next page i

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c Mr. John C. Brons 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 Resident Inspector's Office Regional Administrator, Region I U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Post Office Box 136 475 Allendale Road Lycoming, New York 13093 King of Prussia, Pennsylvania 19406 Mr. William Fernandez Mr. A. Klausman Resident Manager Senior Vice President - Appraisal James A. FitzPatrick Nuclear and Compliance Services Power Plant Power Authority of the State Post Office Box 41 of New York Lycoming, New York 13093 1633 Broadway New York, New York 10019 Mr. J. A; Gray, Jr. Mr. George Wilverding, Manager Director Nuclear Licensing - BWR Nuclear Safety Evaluation Power Authority of the State Power Authority of the State of New York of New York 123 Main Street 123 Main Street White Plains, New York 10601 White Plains, New York 10601 Supervisor Mr. R. E. Beedle Town of Scriba Vice President. Nuclear Support R. D. #4 Power Authority of the State Oswego, New York 13126 of New York 123 Main Street I White Plains, New York 10601 Mr. J. P. Bayne, President Mr. S. S. Zulla Power Authority of the State Vice President Nuclear Engineering l of New York Power Authority of the State 1633 Broadway of New York New York, New York 10019 123 Main Street White Plains, New York 10601 Mr. Richard Patch Mr. William Josiger, Vice President Quality Assurance Superintendent Operations and Maintenance James A. FitzPatrick Nuclear Power Authority of the State Power Plant of New York l Post Office Box 41 123 Main Street Lycoming, New York 13093 White Plains, New York 10601 l

Charlie Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, New York 10271

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