ML20137X126

Informs That Info Submitted on 970127,marked as Proprietary Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b),as Amended

ML20137X126
Person / Time
Site:	Hatch
Issue date:	04/17/1997
From:	Jabbour K NRC (Affiliation Not Assigned)
To:	Sumner H SOUTHERN NUCLEAR OPERATING CO.
References
TAC-M97383, NUDOCS 9704210165
Download: ML20137X126 (4)

Text

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[  % UNITED STATES g

j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 3088H001

% ** April 17,1997 Mr. H. L. Sumner, Jr.

Vice President Southern Nuclear Operating Company, Inc.

Post Office Box 1295 Birmingham, Alabama 35201-1295

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE EDWIN I. HATCH NUCLEAR PLANT, UNIT 2 (TAC NO. M97383)

Dear Mr. Sumner:

By letter dated January 27, 1997, Georgia Power Company submitted additional information to'its December 3, 1996, amendment request for changes to Technical Specification 2.1.1.2, " Safety Limits." Certain information provided in the January 27, 1997, submittal was provided by General Electric (GE) and is considered proprietary. By affidavit dated January 23, 1997, GE requested that the information provided be withheld from public disclosure pursuant to 10 CFR 2.790.

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

a. 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;

b. The information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; and

c. The information is classified as proprietary because it would provide other parties, including competitors, with information related to detailed results of analytical models, methods and processes, including computer codes, which GE has developed, requested NRC approval of, and applied to perform evaluations of the BWR. The development of the evaluation process along with the interpretation and application of the analytical results is derived from the extensive experience database that constitutes a major GE asset.

We have reviewed Georgia Power's application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of GE's affidavits, fg have determined that the submitted information sought to be withheld containshi propriotary commercial information, u k Therefore, the version (s) of the submitted information 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 of 1954, as amended. ;9

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9704210165 970417 PDR ADOCK 05000366 P PDR

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T April 17, 1997 H. L. Sumner, Jr. - -

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:

Kahtan N. Jabbour, Senior Project Manager Project Directorate II-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Docket No. 50-366 cc: See next page Distribution Docket. file JZwolinski MPSiemien (also e-mail)

PUBLIC HBerkow JJohnson, RII PD II-2 Rdg. LBerry PSkinner, RII SVarga KJabbour.

Te receive a copy.of this document,'indicite in the box: "C" = copy without attachment / enclosure "E" = Copy.with attachment /enclosum "N" = No copy 0FFICE PM:PDII-2 IF LA:PDI(J$,lt, 0GC [ f, D:POIIft/'- / l l NAME KJabbour:cn , , - LBitrry W ' MPSiemien & HBerkoff DATE 4. / 7/97

• Q / 4 '/97- 9 / v /97 el /n /97 / /97 / /97

)0CUMENT NAME: G:\ HATCH \SLMCPR. PR ) - 0FFICIAL REC 0ED COPY

H. L. Sumner, Jr. 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 j 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 i for public inspection, you should promptly notify the NRC. You also should j

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, i

K & a.72 w Kahtan N. Jabbour, Senior Project Manager I d

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Project Directorate II-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Docket No. 50-366 cc: See next page 4

l l Edwin I. Hatch Nuclear Plant Unit 2 i cc:

4 Mr. Ernest L. Blake, Jr. Mr. Thomas P. Mozingo

]

Shaw, Pittman, Potts and Trowbridge Program Manager 2300 N Street, NW. Nuclear Operations Washington, DC 20037 Oglethorpe Power Corporation 2100 East Exchange Place l

Mr. D. M. Crowe P. O. Box 1349 Manager, Licensing- Tucker, Georgia 30085-1349 Southern Nuclear Opersting

Company, Inc. Charles A. Patrizia, Esquire i P. O. Box 1295 Paul, Hastings, Janofsky & Walker a Birmingham, Alabama 35201-1295 10th Floor l 1299 Pennsylvania Avenue

Resident Inspector Washington, DC 20004-9500 i U.S. Nuclear Regulatory Commission

! 11030 Hatch Parkway North Chairman l Baxley, Georgia 31513 Appling County Commissioners j County Courthouse i Regional Administrator, Region II Baxley, Georgia 31513

U.S. Nuclear Regulatory Commission j 101 Marietta Street, NW. Suite 2900 Mr. W. G. Harriston, III i

Atlanta, Georgia 30323 President and Chief Executive Officer Mr. Charles H. Badger Southern Nuclear Operating Office of Planning and Budget Company, Inc.

Room 610 P. O. Box 1295 270 Washington Street, SW. Birmingham, Alabama 35201-1295 Atlanta, Georgia 30334 Mr. J. D. Woodard Harold Reheis, Director Executive Vice President Department of Natural Resources Southern Nuclear Operating 205 Butler Street, SE., Suite 1252 Company, Inc.

Atlanta, Georgia 30334 P. O. Box 1295 Birmingham, Alabama 35201-1295 Steven M. Jackson Senior Engineer - Power Supply Mr. P. W. Wells Municipal Electric Authority General Manager, Edwin I. Hatch of Georgia Nuclear Plant 1470 Riveredge Parkway, NW Southern Nuclear Operating Atlanta, Georgia 30328-4684 Company, Inc.

11030 Hatch Parkway North Baxley, Georgia 31513 1

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