ML20137R847

Advises That Encl to Util Re Technical Data Required by Reg Guide 1.84 to Support Invocation of ASME III Code Cases N-192 & N-192-2 Will Be Withheld (Ref 10CFR2.790)

ML20137R847
Person / Time
Site:	Nine Mile Point
Issue date:	02/04/1986
From:	Adensam E Office of Nuclear Reactor Regulation
To:	Hooten B NIAGARA MOHAWK POWER CORP.
References
RTR-REGGD-01.084, RTR-REGGD-1.084 NUDOCS 8602130440
Download: ML20137R847 (3)

Text

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-i t -! WASHINGTON, D. C. 20555 Local PDR PRC System k**..+,/ February 4, 1986 Docket No. 50-410 Mr..B. G. Hooten Executive Director for Nuclear Operations Niagara Mohawk Power Corporation 300 Erie Boulevard West Syracuse, New York 13202

Subject:

Request for Withholding Infonnation from Public Disclosure for Nine Mile Point Unit 2 By letter dated November 14, 1985, from Mr. C. V. Mangan, Niagara Mohawk provided the technical data required by Regulatory Guide 1.84 to support invocation of ASME III Code Cases N-192 and N-192-2.

That letter identified the enclosure to that letter (design reports .CR 723, CR 1017, CR 1024, CR 1105, CR 1107, and CR 1161) as containing proprietary information which should be withheld from public disclosure pursuant to 10 CFR 2.790.

The above referenced letter included as an attachment, an affidavit from Mr. Paul Campbell, Vice President, of Metal Bellows Corporation (MBC), as owners of the information, stating a basis for withholding these documents is as follows:

1. The information sought to be withheld consists of modeling techniques used in seismic & fatique analyses of metallic flexible hose. These techniques were developed by and at the expense of MBC.

2. MBC is in the business. of designing and constructing nuclear _ metallic flexible hose for nuclear power plants. This business is competitive and firms that engage in it compete on the basis of the nature and quality of the products and services that they offer clients. The above referenced material is one such product.

3. The subject material was developed at considerable expense to MBC and is of substantial value to MBC in the conduct of its business. A com-petitor would derive an unfair advantage in obtaining the proprietarv information sought to be withheld. Thus, the unrestricted disclosure of this material could have an adverse comercial impact on MBC. The data is plant specific for Nine Mile Point U_ nit 2; however, the methodology could be applied to other situations.

4. It is, accordingly, the customary practice of MBC to treat such material as confidential comercial information.

G6C2130440 G602040 "

PDR ADOCK 0500 A

. 5. To'the best of their knowledge and belief, th'e identified materials are not available from any public source and have not been made available to third parties, except in confidence.

We have reviewed your application and the material based on the requirements and criteria of 10 CFR 62.790 and, on the basis of MBC's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

It is our belief, pursuant to 10 CFR 62.790(b)(5) and Section 103(b) of the.

Atcmic Energy act of 1954, as amended, that, at this time, the right of the public to be fully apprised of the submitted information does not outweigh the need to protect M8C's competitive position.

Accordingly, we have determined that the information should be withheld from public disclosure.

We therefore, approve Niagara Mohawk's request for withholding pursuant to 10 CFR 62.790 and are withholding the above listed design reports from public inspection as proprietary.

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, insure that the consultants have signed the appropriate agree-ments 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 I.RC. 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 needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, wt W Elinor G. Adensam, Director _

BWR Pro.iect Directorate No. 3 Division of BWR Licensing cc: See next page r- -

7 Cert 1 N 77 g

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' Mr. B. G. Hooten Nine Mile Point Nuclear Station Niagara Mohawk Power Corporation Unit 2 cc:

Mr. Troy B. Conner, Jr. , Esq. Regional Administrator, Region !

Conner & Wetterhahn U.S. Nuclear Regulatory Commission Suite-1050 631 Park Avenue 1747 Pennsylvania Avenue, N.W. King of Prussia, Pennsylvania 19406 Washington, D.C. 20006 Richard Goldsmith Mr. Paul.D. Eddy Syracuse University New York State Public Service College of Law Commission E. I. White Hall Campus Nine Mile Point Nuclear Station -

Syracuse, New York 12223 Unit II Post Office Box 63 Ezra I. Bialik Lycoming, New York 13093 Assistant Attorney General Environmental Protection Bureau Don Hill New York State Department of Law Niagara Mohawk Power Corporation 2 World Trade Center Suite 550 New York, New York 10047 4520 East West Highway Bethesda, Maryland 20814 Resident Inspector Nine Mile Point Nuclear Power Station P. O. Box 99 Lycoming, New York 13093 Mr. John W. Keib, Esq.

Niagara. Mohawk Power Corporation 300 Erie Bouleverd West Syracuse, New York 13202 Mr. James Linville U. S. Nuclear Regulatory Commission -

Region I 631 Park Avenue King of Prussia, Pennsylvania 19406 Norman Rademacher, Licensing Niagara Mohawk Power Corporation

~300 Erie Boulevard West Syracuse, New York 13202 1

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