ML20133E838

Forwards Application & Affidavit for Withholding Proprietary Info in Franklin Research Ctr Technical Evaluation Rept Concerning SEP Topic III-6, Seismic Design Considerations, from Public Disclosure (Ref 10CFR2.790)

ML20133E838
Person / Time
Site:	San Onofre
Issue date:	09/20/1985
From:	Medford M SOUTHERN CALIFORNIA EDISON CO.
To:	Zwolinski J Office of Nuclear Reactor Regulation
References
TASK-03-06, TASK-3-6, TASK-RR TAC-42916, NUDOCS 8510100036
Download: ML20133E838 (5)

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. Southern California Edison Company

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$W 2244 WALNUT GNOVE AVENUE ROSEMEAD. CALIFORNI A 91770 M. O. ME D FO RD vate, song m ... .. ave t.. . ve . ~. September 20, 1985 ,,,,, ,,,.,,,,

Director, Office of Nuclear Reactor Regulation Attention: Mr.'J. A. Zwolinski, Chief Operating Reactors Branch No. 5 Division of~ Licensing U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Gentlemen:

Subject:

Docket No. 50-206 SEP Topic III-6. Seismic Design Considerations Proprietary Information Contained in Franklin Research Center TER, Masonry Wall Test Program San Onofre Nuclear Generating. Station Unit 1 Reference Letter from J. A. Zwolinski to K. P. Baskin dated July'26, 1985 The reference letter forwarded the TER on the Masonry Walls at San Onofre Unit I and_ requested review of the document to. determine.which portions are proprietary:to SCE. The purpose of this letter is to forward the result of that review. SCE requests that pages 52, 64 through 78 of the TER, and pages 5, 8, 9, and 10 of Appendix B be withheld from pubitc disclosure. In conformance with the requirements of 10CFR Section 2.790, as amended, provided as enclosures 1 and 2 are an application for withholding from pubile disclosure and an affidavit. The affidavit sets forth the basis on which the Information should be withheld from public disclosure by the NRC.

If you have any questions regarding this request ce the enclosures, please let me know.

Very truly yours, r-B510100036 850920

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DR ADOCK O 6 M. O. Medford l

DJAsss I

l. Enclosures o7 e\

cc F. R. Huey, USHRC Senior Resident inspector

'bec: (See attached sheet) r

Enclosure !

APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE This application for withholding is submitted by Southern uCalifornia Edison Company ("SCE") pursuant to the provisions of paragraph (B) (1) of Section 2.790 of the Commission's

- regulations. Withholding from public disclosure is requested with respect to information regarding the testing of masonry walls which is further identified in the affidavit accompanying this application.

The informntion sought to be withheld was prepared under the supervision of the undersigned and the undersigned is authorized to apply for its withholding on behalf of SCE.

The affidavit accompanying this application sets Forth-the basis on which the information may be withheld from pub!!c disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b) (4) of Section 2.790 of the Commission's regulations.

Accordingly, it'is respectfully requested that the subject information which is proprietary to SCE and which is further identified in the affidavit be withheld from public disclosure in' accordance with 10 CFR Section 2.790 of the Commission's' regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should be addressed to the undersigned.

Very truly yours, t

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M. O. Medford Manager, Nuclear Licensing Southern California Edison Company

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l Enclosure 2 AFFIDAVIT STATE OF CALIFORNIA COUNTY OF LOS ANGELES Before me, the undersigned authority, personally appeared M. O.

Medford, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Southern California Edison Company ("SCE") and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

Respectfully submitted.

By: , / .

~M. O. Medfo'rg '

Manager, Nuclear Licensing Southern California Edison Company

. Subscribed and s orn to before me this ^^

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%A . N Y N ? " "'"W Notary Pub 11c2 in and for the County of Los Angeles, State of California

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(1) I am Manager, Nuclear Licensing, of the Southern California Edison Company ("SCE") and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with San Onofre Nuclear Generating Station, Unit I and am authorized to apply for its withholding on behalf of SCE.

(2) I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and in conjunction with the SCE application for withholding accompanying this Affidavit.

(3) Pursuant to the provisions of paragraph (b) (4) of Section 2.790 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from pubile

. disclosure should be withheld.

(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by SCE and its consultants.

(11) Although the information is of a type which is not customarily held in confidence by SCE, in view of the substantial cost to SCE to obtain the information and of the potential to recover some of these costs by marketing this information, SCE has elected in this case to hold this information in confidence.

There are sound policy reasons behind the SCE decision to hold this information in confidence, including the following (a) The use of such information by SCE gives SCE a competitive advantage. It is, therefore, withheld from disclosure to protect such a competitive position.

(b) It is information which may be marketable in many ways. The extent to which such information is publicly available could diminish SCE's ability to sell products and services involving the use of the informatfon.

(c) Use by others could put SCE at a competitive disadvantage by reducing their expenditure of resources at SCE's expense.

(d) The SCE capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining potential competitive advantages.

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(Ill) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.

(iv) The information is not available in public sources to the best of our knowledge and belief.

(v) The proprietary information sought to be withheld is the Franklin Research Center Technical Evaluation Report pages 52, 64 through 78 and pages 5, 8, 9 and 10 of Appendix B forwarded by letter from J. A. Zwolinski to K. P. Baskin dated July 26, 1985.

The information enables SCE to seismically qualify the masonry walls at San Onofre Unit I as part of SEP Topic 111-6, Seismic Design Considerations and IE Bulletin 80-11.

Further, the information has substantial commercial value as follows:

(a) SCE can sell the use of this information to other utilities having similar masonry walls.

(b) SCE can sell services based upon the experience gained and the methods developed.

Pubile disclosure of this information is likely to cause substantial harm to the competitive position of SCE because it would enable others having the same or similar masonry walls to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information from SCE.

The information is the result of many months of testing and the expenditure of a considerable sum of money. This information could only be duplicated by a competitor if he were to invest similar sums of money.

M. O. Medford Manager, Nuclear Licensing Southern California Edison Company

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