ML20127E307
| ML20127E307 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 01/13/1993 |
| From: | Black S Office of Nuclear Reactor Regulation |
| To: | Lusbaugh G TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| References | |
| NUDOCS 9301190248 | |
| Download: ML20127E307 (4) | |
Text
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UNITED STATES
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January 13, 1993 a
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Docket No. 50-446 Mr. G. L. Lusbaugh Bechtel Project Engineer
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Comanche Peak Steam Electric Station P. O. Box 10002 Farm Road 56, Mail Zone C07 Glen Rose, Texas 76043
Dear Mr. Lusbaugh:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE 1
By letter dated August 12, 1992, TV Electric submitted the Bechtel ME-215 Validation and User and Theory Manual entitled " Stress Analysis for Pipe Component and Pipe Support Using Finite Element Method" and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
An affidavit dated July 24, 1992, from Bechtel, the owner of the information was included in the application.
Bechtel stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
"3. Under that system, information is customarily designated confidential and held in confidence if the release of that information might result in the loss of an existing or potential competitive advantage.
Information which falls into one or more of the following categories is designated confidential:
"a Information which reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by a competitor without license from Bechtel Power Corporation conditutes a competitive economic advantage over other companies.
"b Information in the form of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
"c. Information which, if available to a competitor would reduce his expenditure or resources or improve his competitive position in the design, manufacture, shipment installation, assurance of quality, or licensing a similar product.
"d. Information concerning cost or price, production capacities, budget levels, or commercial strategies of Bechtel Power
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Mr. G. L. Lusbaugh 4 "e. Information which reveals aspects of past, present, or future Bechtel Power Corporation or customer funded development plans and programs of potential commercial-value to Bechtel Power Corporation.
"f. Information which contains patentable ideas or for which patent protection may be desirable.
"g. Information relating to an invention.
"4. The User and Theory and Validation manuals entitled " Stress Analysis for Pipe Component and Pipe Support using Finite Ele.ient Method" are marked " PROPRIETARY" and are transmitted to the Nuclear Regulatory Commission in confidence.
"5. The documents contain confidential commercial information relating to computer software developed by Bechtel Power Corporation through the expenditure of substantial amounts of effort and money.
"6. The manuals have been held in confidence by Bechtel Power Corporation and have been disclosed only after each proposed recipient of the information has executed an appropriate agreement, if such agreement has been deemed necessary.
"7. The information. contained in these manuals is not available in public sources and cannot be properly acquired without a license from Bechtel Power Corporation, and the information cannot be otherwise duplicated by others without a substantial investment of effort and money by them.
"8. Because of the substantial investment of both effort and money by Bechtel Power Corporation in conceiving and developing the computer software described in these manuals, it is Bechtel Power Corporation's expectation that this software will substantially enhance its competitive position in the nuclear industry, and therefore-Bechtel Power Corporation has a rational basis for holding this information in confidence "
We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Bechtel Power Corporation's statements, have determined that the submitted informate.1 so,.cht to be withheld contains trade secrets or proprietary cominercial Information.
Therefore, we have determined that the User and Theory and Validation Manuals entitled " Stress Analysis for Pipe Component and Pipe Support using Finite Element Method" are marked as proprietary and 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.
Mr. G. L. Lusbaugh.-
Withholding from public inspection shall not affect the right, if ary, of persons properly and directly concerned to inspect the document.
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 needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, Original Signed By Suzanne C. Black,-Director Project Directorate IV-2 Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc:
See next page EISTRifLUTION:
Docket F11e-4' NRC PDR Local POR PDIV-2 Reading PDIV-2 Plan JRoe MVirgilio EPeyton BHolian MPSiemien LYandell, Region IV DSkay
- For previous concurrences see attached ORC PDIV-2/LA PIDV-2/PE*
PDIV-2/PM*
OGC*
PDIV-2g EP$yYoNnb DSkay BHolian MPSiemien SBlack &
1/ti/93 1/4/93 1/4/93 1/5/93 1/q/93
Mr. G. L. Lusbaugh' cc:
Senior Resident Inspector _
Jack R. Newman, Esq.
U.S. Nuclear Regulatory Commission Newman & Holtzinger P. O, Box 1029 1615 L Street, N.W.
Granbury, Texas 76048 Suite 1000 Washington, D. C.
20036 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Chief, Texas Bureau of Radiation Control 611 Ryan Plaza Drive, Suite 1000 Texas Department of Health Arlington, Texas 76011 1100 West 49th Street Austin, Texas 78756 Mrs. Juanita Ellis, President Citizens Association for Sound Energy Honorable Dale McPherson 1426 South Polk County Judge Dallas, Texas 75224 P. O. Box 851 Glen Rose, Texas 76043 Owen L. Thero, President Quality Technclogy Company Mr. William J. Cahill, Jr.
Lakeview Mobile Home Park, Lot 35 Group Vice President 4793 East Loop 820 South TV Electric Fort Worth, Texas 76119 400 North Olive Street, L.B. 81 Dallas, Texas 75201 Mr. Roger D. Walker, Manager Regulatory Affairs for Nuclear Engineering Organization Texas Utilities Electric Company 400 North Olive Street, L.B. 81
. Dallas,, Texas 75201 Texas Utilities Electric Company c/o Bethesda Licensing 3 Metro Center, Suite 610 Bethesda, Maryland 20814 William A. Burchette, Esq.
Counsel for Tex-La Electric Cooperative of Texas Jorden, Schulte, & Burchette 102S Thomas Jefferson Street, N.W.
Washington, D.C.
20007 GDS Associates, Inc.
Suite 720 1850 Parkway Place Marietta, Georgia 30067-8237 1