ML20128M817
| ML20128M817 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 02/11/1993 |
| From: | Fields M Office of Nuclear Reactor Regulation |
| To: | Guiles E, Ray H SAN DIEGO GAS & ELECTRIC CO., SOUTHERN CALIFORNIA EDISON CO. |
| References | |
| GL-92-01, GL-92-1, NUDOCS 9302220296 | |
| Download: ML20128M817 (6) | |
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February 11,l1993 Docket Nos. 50-361 and 50-362 Mr. Harold B. Ray Mr. Edwin A. Guiles-Senior Vice President Vice President-Southern California Edison Co.
Engineering and Operations
-Irvine Operations Center San Diego Gas.1 Electric Co.
23 Parker Street 101 Ash Street Irvine, California 92718 San Diego,' California' 92112 Gentleman:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -
SAN 0NOFRE NUCLEAR-GENERATING STATION - UNITS 2 AND 3-
' RESPONSE TO GENERIC LETTER 92-01 By leuer dated January 29, 1991, from Southern California Edison Company _:.
3 (SCE) and by affidavit dated Jaluary 26,-1993, from-Combustion Engineering,
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.Inc. (C-E), SCE re:ponded to Generic Letter 92-01.and the following documents are requested to be withheld from public. disclosure pursuant. to 10 CFR-2.790:-
1.
Appendices B, C, D, and E of Attachment A, " San Onofre Nuclear Generating Station, Unit 2 Response to Generic Letter 92-01,;
Revision 1,. January-22 1993"-
2.
Appendices-B, C, D,- and: E of Attachment B, " San Onofre : Nuclear Generating Station, Unit-3-Response to Generic Letter'92-01,:
Revision.1, January 22, 1993" Also enclosed-are Attachments D and E which are nonproprietary portions _ of the above response.
TheCombustionEngineeringaffidavit:forwarddd-withtheproprietaryd'ocuments stated.that the documents cited in' Items'l and 2 should be considered exempt-
. from mandatory public disclosure for the following reasonsi i
1.
The information sought' to be wit;, held from public disclosure,.which is owned and has been held in confidenceLby CombustionLEngineering, is the fabrication specifications,l material certifications, and=
chemical analysis _ for-the reactor vessel _ plate and welding
- materials.z
-2.
The information consists of test-data or other similar data concerning a process, method, or component, the application of.:which -
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- results-in. substantial competitive advantage to-Combustion l.
Engineering..
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The information is,of a-type customarily held in confidence-by L
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Messers. Ray and Guiles l Combustion Engineering and not customarily disclosed to the public.
I Combustion Engineering has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.
The details of the aforementioned system were provided to the Nuclear Regulatory Commission via letter DP-537 from F. M. Stern to Frank Schroeder dated December 2, 1974.
This system was applied in determining that-the subject document herein is proprietary.
4.
The information is being transmitted to the Commission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be recaived in confidence by the Comission.
5.
The information, to the best of my [C-E] knowledge and belief, is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.
6.
Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering because:
a.
A similar product is manufactured and sold by major pressurized water reactor competitors of Combustion Engineering, b.
Development of this information by C-E required thousands of manhours and millions of dollars. To the best of my [C E]
knowledge and belief, a competitor would have to undergo similar expense in generating equivalent information, c.
In order to acquire such information, a competitor would also require considerable time and inconvenience to develop similar fabrication specifications, n.aterial certific;.tions, and chemical analysis for the reactor vessel plate and welding materials.
d.
The information required significant effort and expense to obtain the licensing approvals necessary for application of the information. Avoittance of this expense would decrease a competitor's cost in applying the information. and marketing the product to which the information is applicable, e.
The information consists of the fabrication specifications, material certifications, and chemical analysis for the reactor vessel plate and welding materials, the application of which provides a competitive economic advantage.
The
Messrs. Ray and Guiles -,
p availability of such information to competitors would enable l
them to modify their product to better compete with Combustion Engineering, take marketing or other actions to improve their product's position or impair the position of Combustion Engineering's product, and avoid developing similar data and analyses in support of their processes, methods or apparatus,
- f.,
in pricing Combustion Engineering's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included.
The ability of Combustion Engineering's competitors to utilize such information without similar expenditure or resources may enable them to sell at prices reflecting significantly lower costs.
g.
Use of the information by competitors in the international marketplace would increase their ability to market nuclear steam supply systems by m!ucing the costs associated with their technology development.
In addition, disclosure would have an adverse economit impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.
We have reviewed your letter and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Combustion Engineering's statements, have determined that the submitted information soeght to be withheld contains trade secrets or proprietary commercial information.
Therefore, " Appendices B, C, D, and E of Amendment A and B" 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 should also b
i
Messers. Ray and Guiles understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freecom of Information Act request includes your information.
In all review situations, if the NRC makes a datermination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, efYY Hel B. Fields, Project Manager Project Directorate V Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation ec:
See next page l
l
Messrs. Ray and Guiles San Onofre Nuclear Generating Southern California Edison Company Station, Unit Nos. 2 and 3 cc:
James A. Beoletto, Esq.
Mr. Richard J. Kosiba, Project Manager Southern California Edison Company Bechtel Power Corporation Irvine Operations Center 12440 E. Imperial Highway 23 Parker Street Norwalk, California 90650 Irvine, California 92718 Mr. Robert G. Lacy Chairman, Board of Supervisors Manager, Nuclear Department County of San Diego San Diego Gas & Electric Company 1600 Pacific Highway, Reom 335 P. O. Box 1831 San Diego, California 92101 San Diego, California 92112 Alan R. Watts, Esq.
Mr. Hank Kocol Rourke & Woodruff Raf.ologic Health Branch 701 S. Parker St. No. 7000 State Department of Health Services Orange, California 92668-4702 Post Office Box 942732 Sacremento, California 94234 Mr. Sherwin Harris Resource Project Manager Public Utilities Department City of Riverside Resident Inspector / San Onofre NPS 3900 Main Street c/o U.S. Nuclear Regulatory Commission Riverside, California 92522 Post Office Box 4329 San Clemente, California 92674 Mr. Charles B. Brinkman, Manager Washington Puclear Operations ABB Combustion Engineering Nuclear Power Mayor 12300 Twinbrook Parkway, Suite 330 City of San Clemente Rockville, Maryland 20852 100 Avenida Presidio San Clemente, California 92672 Mr. Howard J. Wong Regional Administrator, Region V U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Region V 1450 Maria Lane, Suite 210 1450 Maria tare, Suite 210 Walnut Creek, California 94596 Walnut Creek, California 94596 Mr. Don J. Womeldorf Chief, Environmental Management Branch California Department of Health Services 714 P Street,-Room 616 Sacramento, California 95814 k
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Messers. Ray and Guiles February 11, 1993 understand that the NRC may have cause to review this determination in the futurr. lor example, if the scope of a Freedom of Information Act request incluo, 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, Original signed by Mel B. Fields, Project Manager Project Directorate V Division of Reactor Projects III/IV/V.
Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION:
i Docket file NRC & Local PDRs PDV Reading Filef JRoe MVirgilio TQuay DFoster MFields MPSiemien, OGC r
PDV Plan. File KPerkins, RV 0FC PDV/L.A PDV/PM OGC i
PDV/D NAME DFoste MFi81N:mc MPSiemien[I TQuayN DATE 42 / 8 /93 2 / d /93 A @ /93 1-/))~/93
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0FFICIAL RECORD COPY DOCUMENT NAME:
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