ML20127N671
| ML20127N671 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 11/19/1992 |
| From: | Hoffman S Office of Nuclear Reactor Regulation |
| To: | Morris P WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| TAC-M79818, NUDOCS 9212010367 | |
| Download: ML20127N671 (4) | |
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Novamber 19, 1992 Docket Nos. 50-348 and 50-364 Mr. Peter J, Morris Manager of Strategic Safety and Regulatory issues Westinnhouse Electric Corporation Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355
Dear Mr. Morris:
SUBJECT:
REQUEST FOR WITHHOLDING INFOR'iATION FROM PUBLIC DISCLOSURL - JOSEPH M. <r.RLEY NUCLEAR PLANT, UNITS 1 AND 2 (TAC NOS. M79818 AND M79819)
By your application and af fidavit (CAW-92-342),1 oih dated August 6,1992, you submitted WCAP-13464, " Response to NRC Questions on Farley Steam Generator Tube Alternate Plunging Criteria Presentation Materials," dated August 1992, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
By application and affidavit (CAW-92-364), both dated October 7, 1992, you revised your original August 6, 1992, application and affidavit.
A portion of the material in WCAP-13464 (identified by brackets and the letter "g") is owned by the Electric-"ower Research Institute (EPRI).
EPRI has requested in an affidavit dated August 10, 1992, submitted with your August 6, 1992, application, that the material be withheld from public disclosure pursuant to 10 CFR 2.790.
Our response to EPRI granting their request for withholdina is enclosed for your in,^ormation.
WCAP-134C4 incorpr rates tha material prr,vided by Wastinghouse at tho July 27, 1992, meeting with Southern N. -lear Operating Company in Rockvi'.le, Maryland, in your letter dated July 24, 1992, you nad requested that the material provided at the meeting te withheld from public disclosure pending submittal of the proprietary and r.on-proprietary versions with the appropriate affidavit.
This has been accomplished by your applications and affidavits dated August 6 and' 0ctober 7,1992.
You stated that the submitted information should be considered exempt from mandatory public dis
- sure for the following reasons:
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(i)
The information reveals the distinguishing aspects of a process (or component, structure,-tcol, cethod, etc.) wheie prevention of its-use by any of Wertingbouse's competitors without license from 230057 WeStin9hou$e constitutes a competitive economic advantage over other compcnies.
(ii)
Its use by a competitor would reduce his expenditure of resources er improve his competit've position in the design, manufacture, shipment, installetion, assurance of quality, or licensing a similar product.
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November 19, 1992 Mr. Peter J. Morris,
We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Westinghouse's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the version of the submitted information 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 1950, as amended.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly conce:,ned to inspect the documents, if the need trises, we may send copies of this information to our consultants working in this art.a.
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, such as, if the scope of a freedom of Information Act request includes your inforaation, in all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of.iny public disclosure.
Sincerely, ORIGINAL SIGNED BY:
Stephen T. Hoffman, Project Manager Project Directorate 11-1 Division of Reactor Projects - 1/11 i
Office of Nuclear Reactor Regulation
Enclosure:
As stated cc w/ enclosure:
See next page
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Document Name: WESTPROP.LTR
Mr. Peter J. Morris Joseph M. fariny Nuclear Plant Westinghouse Electric Corporation cc:
Mr. R. D. 11111, Jr.
State Health Officer General Manager - farley Nuclear Plant Alabama Department of Public Health Southern Nuclear Operating 434 Monroe S'.reet Company, Inc.
Montgomery Alabama 36130-1701 Post Office Box 470 Ashford, Alabama 36312 Chairman llouston County Commtssion Mr. B. L. Moore Post Office Box 6406 Manags r, t icensing Dothan, Alabama 36302 Souti.ern fluclear Operating Company, Inc.
Regional Administrator, llegion 11 Post office Box 1295 U. S. Nuclear Regulatory Commission Birmingham, Alabama 35201-1295 101 Marietta Street, Suite 2900 Atlanta, Georgia 30323 James 11. Miller,111, Esq.
lialth and Bingham Resident inspector Post Office Box 306 U.S. Huc! ear Regulatory Commission 1710 Sixth Avenue North Post Office Box 24 - Route 2 Birmingham, Alauama 35201 Columbia, Alabama 36319 i
Mr. W. G. llairston, 111 Executive Vice President Southern Nuclear Operating Company, Inc.
Post Offico Box 1295 liirmingham, Alabama 35201 1
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November 19, 1992 Docket Nos. 50-348 and 50-364 Arthur Kenny, Esquire Licensing Administrator 3
Electric Power Research Institute Office of Business Developme t 3412 Hillview Avenue Post Office Box 10412 Palo Alto, California 94303
Dear Mr. Kenny:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE - JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 (1AC N05. M798)8 AND M79819)
By letter dated August 24, 1992, as supplemented on October 19, 1992, Southern Nuclear Operating Company submitted Westinghouse Electric Corporation (Westinghouse) Report WCAP-13464, "Respo.ise to NRC Questions on Farley Steam Generator Tube Alternate Plugging Criteria Presentation uaterials," dated August 1992.
WCAP-13464 contains material considered proprietary by both Electric Power Research Institute (EPRI) and Westinghouse.
Our response to Westinghouse granting their request for withholding is enclosed for your information.
By your letter dated August 10, 1992, you requested that the EPRI material contained in WCAP-13464 (identified by brackets and the letter "g") be withheld from public disclosure pursuant to 10 CFR 2.790.
In your affidavit, you stated that the submitted information should be considered exempt from mandatory public disclosure for the f)llowing reasons:
i.
The Report has been held in confidence by EPRI, its owner. All those accept
.g the Report must agree to preserve the confidentiality of the Report, ii.
The Report is of a type customarily held ir confidence by EPRI and there is a rational basis therefore.
The Report is trade secret' and is held in confidence by EPRI because to disclose it would prevent EPRI from licensing the Report at fees which would allow EPRI to recover its investment, if consultants and other businesses providing services in the nuclear power industry were able to publicly obtain the Report, they would be able to use it commercially for profit and avoid spending the large amount of mc-ney that EPRI was required to spend to prepare the Report.
The rational basis that EPRI has for classifying the Report as trade secrets is the Uniform Trade Secrets Act which California adopted in 1984 and which has been adopted by over twenty states.
The Uniform Trada
.S_etrets Act defines a " trade secret" as follows:
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0 Arthur Kenny, Esquire " Trade secret" means inforrr.ation, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(1)
Derives independent economic v>1ue, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2)
Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
iii.
The Report will be transmitted to the NRC in confidence.
iv.
The Report is not available in public sources.
EPRI developed the Report only after making a determination that the Report was not available from public sources.
It required a large expenditure of dtllars for EPRI to develop the Report.
In addition, EPRI was required to use a large amount of time of EPRI employees.
The money spent, plus the value of EPRI's staff time in preparing the Report, show that the Report is highly valuable to EPRI.
Finally, the Report was developed only after a long period of effort of at least several months.
v.
A public disclosure of the Report would cause substantial harm to EPRl's competitive position and the ability of EPRI to license the Report both domestically and internationally.
The Report can be properly acquired or duplicated by others only with an equivalent investment of time and effort.
We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Electric Power research Institute statements, have determined that the submitted information sought to.
be withheld contains trade secrets or proprietary commercial information.
Therefore, the version of the submitted information 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 informatien 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 "a 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
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i Arthur Kenny, Esquire,
future, such as, if the scope of a Freedom of Information Act request includes your information, in all review situstions, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disciosure.
Sinceraly,
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/w Stephen T. Hoffman, Project Manager Project Directorate 11-1 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation
Enclosure:
As stated cc w/ enclosure:
See next page c
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Docket File NRC/ Local PDRs PD 11-1 Reading S. Varga G. Lainas E. Adensam S. Little S. Hoffman M. Siemien, OGC J. Strosnider E. Murphy ACRS (10)
L. Plisco, EDO E. Merschoff, Ril cc:
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