ML20137L390

Advises That BAW-1867P, Fracture Toughness Test Results from Capsule TE1-B, Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5),in Response to 851108 Request

ML20137L390
Person / Time
Site:	Davis Besse
Issue date:	01/15/1986
From:	Stolz J Office of Nuclear Reactor Regulation
To:	Williams J TOLEDO EDISON CO.
References
NUDOCS 8601270432
Download: ML20137L390 (3)

Text

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. January 15, 1986 y %Q O\h l Docket No. 50-346 ADe Agazio GDick JLSIRIBUTI Docket Fi CMcCracken l EShomaker L PDR RIngram j Mr. Joe Williams, Jr. PBD-6 Rdg ACRS-10 i Sr. Vice President, Nuclear @FMiraglia Gray File Toledo Edison Company OELD EBrach

! Edison Plaza - Stop 712 EJordan H0rnstein

300 Madison Avenue BGrimes WPaulson Toledo, Ohio 43652 JPartlow GEdison

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE 1

j By letter dated November 8, 1985 (No. 1206) Toledo Edison Company submitted a report (BAW-1867P) entitled " Fracture Toughness Test Results from Capsule TEl-B" in accordance with the requirements of 10 CFR 50 Appendix H. You also indicated that part of the information submitted is considered proprietary by Babcock & Wilcox Company and requested that the information be withheld from public disclosure pursuant to 10 CFR 2.790. You also included an affidavit sworn to by J. H. Taylor which identifies the procedures and criteria used to determine if the material should be classified as proprietary and which also identifies the portions of the document containing such information.

The affidavit provides that the submitted information should be considered l

exempt from mandatory public disclosure for the following reasons:

1 l (1) The information has been held in confidence by the Babcock & Wilcox

! Company. Copies of the document are clearly identified as proprietary.

In addition, whenever Babcock & Wilcocx transmits the information to a customer, customer's agent, potential customer or regulatory agency, the transmittal requests the recipient to hold the information as proprietary.

The document which has been made available to the United States Nuclear i Regulatory Commission was made available in confidence with a request that the document and the information contained therein be withheld from public disclosure.

i (2) The information reveals data or material concerning Babcock & Wilcox i research or development plans or programs of present or potential  ;

4 competitive advantage to Babcock & Wilcox.  ;

i l i (3) The use of the information by a competitor would decrease his '

expenditures, in time or resources, in designing, producing or marketing a similar product.

(4) 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 Babcock & Wilcox.

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Mr. Williams (5) The information reveals special aspects of a process, method, component or the like, the exclusive use of which results in a competitive advantage to Babcock & Wilcox.

The information is not available in the open literature and to the best of our knowledge is not known by current or potential domestic or foreign competitors of Babcock & Wilcox.

We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Babcock & Wilcox Company statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore report BAW-1867P, " Fracture Toughness Test Results from Capsule TE 1-B," marked as proprietary, will be withheld from public disclosurt 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 informatinn 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 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,

-- e ssD M Judu y. BroM*,

John'F.'Stolz, Director PWR Project Directorate #6 Division of PWR Licensing-B cc: See next page 7

PBD-6 PBD-6 PB OEl.

ADeAga[tio;cr acken J$tnQ E5homaker CMcCy/86 1/7 /86 1/ f 1/f/8B 1/d/86

Mr. J. Williams Davis-Besse Nuclear Power Station Toledo Edison Company Unit No. 1 CC:

Donald H. Hauser, Esq. Ohio Department of Health The Cleveland Electric ATTN: Radiological Health Illuminating Company Program Director P. O. Box 5000 P. O. Box 118 .

Cleveland, Ohio 44101 Columbus, Ohio 43216 Mr. Robert F. Peters Attorney General Manager, Nuclear Licensing Department of Attorney Toledo Edison Company General Edison Plaza 30 East Broad Street 300 Madison Avenue Columbus, Ohio 43215 Toledo, Ohio 43652 Mr. James W. Harris, Director Gerald Charnoff, Esq. Division of Power Generation Shaw, Pittman, Potts Ohio Department of Industrial Relations and Trowbridge 2323 West 5th Avenue 1800 M Street, N.W. P. O. Box 825 Washington, D.C. 20036 Columbus, Ohio 43216 Mr. Paul M. Smart, President Mr. Harold Kohn, Staff Scientist The Toledo Edison Company Power Siting Commission 300 Madison Avenue 361 East Broad Street Toledo, Ohio 43652 Columbus, Ohio 43216 Mr. Robert B. Borsum President, Board of Babcock & Wilcox Ottawa County Nuclear Power Generation Port Clinton, Ohio 43452 Division Suite 200, 7910 Woodmont Avenue Bethesda, Maryland 20814 Resident inspector U.S. Nuclear Regulatory Comission 5503 N. State Route 2 Oak Harbor, Ohio 43449 Regional Administrator, Region III U.S. Nuclear Regulatory Comission 799 Roosevelt Road Glen Ellyn, Illinois 60137 u ,