ML20135B547
| ML20135B547 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 02/26/1997 |
| From: | Raghavan L NRC (Affiliation Not Assigned) |
| To: | Beard P FLORIDA POWER CORP. |
| References | |
| TAC-M91772, NUDOCS 9703030097 | |
| Download: ML20135B547 (3) | |
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February 26, 1997 Mr. Percy M. Beard, Jr.
Senior Vice President, Nuclear Operations Florida Power Corporation ATTN: Manager, Nuclear Licensing (SA2A)
Crystal River Energy Complex 15760 W Power Line Street Crystal River, Florida 34428-6708
SUBJECT:
CRYSTAL RIVER NUCLEAR GENERATING PLANT UNIT 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. M91772)
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Dear Mr. Beard:
By letter dated October 22, 1996, the Florida Power Corporation (FPC) submitted additional test results of a fire barrier, "Mecatiss," which you plan to install as an alternative or supplement to Thermolag at your Crystal River Nuclear Generating Plant Unit 3 (CR3). The tests were sponsored by the FPC and conducted at Underwriters Laboratories Incorporated (UL). The test results for five articles which are identified as Articles 18, 19, 20, 21, and 22 in the FPC's Fire Protection Test program Plan dated July 8,1996, are documented in the Underwriters Laboratories Inc. (UL), " Report on Raceway Fire Barriers for Aluminum Cabletray and Aluminum Wireway Systems," File NC1973, Project 95NK17030, dated August 19, 1996 which was copyrighted.
By letter dated January 27, 1997, UL provided the NRC with a copyright release. You stated that the submitted information is not available in the open literature and to the best of your knowledge, is not known by current or potential domestic or foreign competitors of FPC and represents a significant expenditure of time, money, and manpower.
By your affidavit dated October 22, 1996, you requested that the UL Document
" Report on Raceway Fire Barriers for Aluminum Cabletray and Aluminum Wireway Systems," File NC1973, Project 95NK17030, dated August 19, 1996, be withheld i
from public disclosure pursuant to 10 CFR 2.790.
You also stated that the submitted information is owned by FPC and should be considered exempt from mandatory public disclosure because of the following reasons:
1.
The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing, or marketing a similar product; 2.
The information consists of test data or other similar data concerning a process, method or component, the application of which results in a competitive advantage to FPC; By letter dated November 29, 1996, you submitted a non-proprietary version of the UL Document File No. NC1973-Project 95NK17030. The proprietary 280041 M
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Mr. Percy M. Bear'd, Jr. ;
1 information has been deleted and the page left blank.with-a note identifying that the page contains proprietary information and is intentionally blank. We have reviewed your. affidavit 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 proprietary commercial information.
Therefore, UL Document " Report on Raceway Fire Barriers for Aluminum Cabletray and Aluminum Wireway Systems,"' File NC1973, Project 95NK17030, dated.
August 19, 1996, 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, as amended.
Withholding from pubite disclosure 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 Nuclear Regulatory Commission (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 makes'a determination adverse to the above, you will be notified in advance of any public disclosurec
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f Sincerely, Original signed by J'
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- L. Raghavan, Project Manager 7
Project Directorate II-3 "3
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OFFICIAL RECORD COPY
l Mr.~Percy M. Beard, Jr.
CRYSTAL RIVER UNIT N0. 3 Florida Power Corporation GENERATING PLANT cc:
Mr. R. Alexander Glenn Chairman Corporate Counrel Board of County Comissioners Florida Power Corporation Citrus County MAC-ASA 110 North Apopka Avenue P.O. Box 14042 Iverness, Florida 34450-4245 St. Petersburg, Florida 33733-4042 Mr. David Kunsemiller, Director Mr. Bruce J. Hickle, Director Nuclear Operations Site Support Nuclear Plant Operations (NA2C)
(SA2A)
Florida Power Corporation Florida Power Corporation Crystal River Energy Complex Crystal River Energy Complex 15760 W. Power Line Street 15760 W. Power Line Street Crystal River, Florida 34428-6708 Crystal River, Florida 34428-6708 Mr. Robert B. Borsum Senior Resident Inspector B&W Nuclear Technologies Crystal River Unit 3 1700 Rockville Pike, Suite 525 U.S. Nuclear Regulatory Comission Rockville, Maryland 20852 6745 N. Tallahassee Road Crystal River, Florida 34428 Mr. Bill Passetti Office of Radiation Control Mr. John P. Cowan Department of Health and Vice President, Nuclear Production Rehabilitative Services (SA2C) 1317 Winewood Blvd.
Florida Power Corporation Tallahassee, Florida 32399-0700 Crystal River Energy Complex 15760 W. Power Line Street Attorney General Crystal River, Florida 34428-6708 Department of Legal Affairs The Capitol Regional Administrator, Region II Tallahassee, Florida 32304 U.S. Nuclear Regulatory Comission 101 Marietta Street N.W., Suite 2900 Mr. Joe Myers, Director Atlanta, Georgia 30323 Division of Emergency Preparedness Department of Comunity Affairs Mr. Kerry Landis 2740 Centerview Drive U.S. Nuclear Regulatory Comission Tallahassee, Florida 32399-2100 101 Marietta Street, N.W. Suite 2900 Atlanta, Georgia 30323-0199 l
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