ML20129J382

Advises That Attachment 2 of Application to Amend on Fermi-2 Minimum Critical Power Ratio Safety Limits Will Be Withheld from Public Disclosure Re 10CFR2.790,per 960905 Request

ML20129J382
Person / Time
Site:	Fermi
Issue date:	11/05/1996
From:	Kugler A NRC (Affiliation Not Assigned)
To:	Gipson D DETROIT EDISON CO.
References
TAC-M96373, NUDOCS 9611060234
Download: ML20129J382 (4)

Text

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NUCLEAR REGULATORY COMMISSION

, WASHINGTON. D.C. enana anni

, ***** November 5,1996 l Mr. Douglas R. Gipson j Senior Vice President i Nuclear Generation i Detroit Edison Company 6400 North Dixie Highway Newport, MI 48166  ;

4 $UBJECT: REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE i

(FERMI-2) (TAC NO. M96373)

I

Dear Mr. Gipson:

1

! By your application dated October 14, 1996, and General Electric Company's

(GE's) affidavit executed by Ralph J. Reda dated October 8, 1996, you submitted supplemental information on your September 5, 1996, application for amendment on the Fermi-2 minimum critical power ratio safety limits and i requested that Attachment 2 (Description of Fermi-2 Cycle Specific Analysis

., and Comparison to Generic Analysis) to the October 14, 1996, letter be 4

withheld from public disclosure pursuant to 10 CFR 2.790. By letter of October 23, 1996, Detroit Edison submitted a nonproprietary version of this GE 4 document.

i GE stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1 I. The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General

Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies.

2. The information, if used by a competitor, would reduce his expenditure

of resources or improve his competitive position in the design, j manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

3. The fuel design and analytical methodology are part of General 1

Electric's comprehensive boiling-water reactor safety and technology .

base, and their commercial value extends beyond the original development  !

cost. The value of the technology base goes beyond the extensive i physical database and analytical methodology and includes development of j

the expertise to determine and apply the appropriate evaluation process.

! In addition, the technology base includes the value derived from i providing analyses done with NRC-approved methods.

I We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains - (bm 1 l proprietary commercial information.

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PDR ADOCK 05000341 P PDR .

D. P. Gipson Therefore, the version of the submitted information marked as proprietary (Attachment 2 to your October 14, 1996, application) 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 l persons properly and directly concerned to inspect the documents. If the need l arises, we may send copies of this infomation to our consultants working in '

this area. We will, of course, ensure that the consultants have signed the I appropriate agreements for handling proprietary information. j 1

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 l 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, q _

Andrew J. Kugler, oroject Manager Project Director ie 111-1 Division of Reactor Projects - III/IV Office of Nuclear Reactor Regulation Docket No. 50-341 cc: See next page l

l

>a l l k D. P. Gipson November 5, 1996 Therefore, the version of the submitted information marked as proprietary (Attachment 2 to your October 14, 1996, application) 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,

Original signed by Andrew J. Kugler, Project Manager Project Directorate 111-1

! Division of Reactor Projects - III/IV Office of Nuclear Reactor Regulation Docket No. 50-341 l

cc: See next page DISTRIBUTig pocket:FileJ PUBLIC

PD31 Rdg J. Roe E.Adensam (EGAl) i M.P. Siemien, 0GC M. Jordan, RIII DOCUMENT NAME

G:\WPD0CS\ FERMI \FE101496.PR0 Ta receive a copy of this document,indcate in the box: "C" = Copy without attachment / enclosure 'E" se Copy with attachment / enclosure *N" = No copy 0FFICE LA:PD31 ,l E PM:PD31 _ lE (A)C:SRXBli 0GC P D:P03M NAME CJamerson ( 11 1 / AKugler OfA TCollins-/fr MPSiemienh)b JHa(htnV DATE lo /5o/96 f/ 10/y/96 V /s/w /96 ' ll/ / /96 n /6 /96 OFFICIAL RECORD COPY l

e Mr. Douglas R. Gipson Fermi-2 l

Detroit Edison Company CC*

John Flynn, Esquire j Senior Attorney Detroit Edison Company t 2000 Second Avenue Detroit, Michigan 48226

Drinking Water and Radiological i Protection Division Michigan Department of Environmental Quality 3423 N. Martin Luther King Jr Blvd P. O. Box 30630 CPH Mailroom Lansing, Michigan 48909-8130 U.S. Nuclear Regulatory Commission l Resident Inspector's Office 6450 W. Dixie Highway Newport, Michigan 48166 Monroe County Emergency Management Division 963 South Raisinville Monroe, Michigan 48161 Regional Administrator, Region III U.S. Nuclear Regulatory Commission ,

801 Warrenville Road l Lisle, Illinois 60532-4351 Peter W. Smith  !

Director, Nuclear Licensing l Detroit Edison Company Fermi 270 TAC 6400 North Dixie Highway  ;

Newport, Michigan 48166 '

Ralph J. Reda General Electric Company P.O. Box 780 Mail Code J26 Wilmington, North Carolina 28402 september 1996 i

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