ML20140F665

Responds to Requesting Proposed Changes to Plant TS Re Safety Limit Minimum Critical Power Ratio Be Withheld from Public Disclosure.Application Reviewed & Matl in Accordance w/10CFR2.790 Found Contains Proprietary Info

ML20140F665
Person / Time
Site:	Hatch
Issue date:	06/12/1997
From:	Le N NRC (Affiliation Not Assigned)
To:	Sumner H SOUTHERN NUCLEAR OPERATING CO.
References
NUDOCS 9706130186
Download: ML20140F665 (4)

Text

__. _ . _ ~_. . . . _ . _ _ _

M ("DCtc% k UNITED STATES f B NUCLEAR REGULATORY COMMISSION E

f WASHINGTON, D.C. 20666-0001 k y, ,.f

/

June 12, 1997 Mr. H. L. Sumner, Jr.

Vice President )

Southern Nuclear Operating l Company, Inc. l P. O. Box 1295 l Birmingham, Alabama 35201-1295  !

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISC EDWIN I. HATCH NUCLEAR PLANT, UNIT NO. 1

Dear Mr. Sumner:

By your application dated May 9, 1997, and affidavit dated April James F. Klapproch, General Electric Company (GE), you submitted " Proposed 11, Change to Edwin I. Hatch Nuclear Plant Unit 1 Technical Specification Concerning the Safety Limit Minimum Critical Power Ratio (SLMCPR)," April 15, 1997, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

i A nonproprietary version of the same document was submitted and will be placed in the NRC's Public Document Room for public disclosure.

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

1.

The information disclose 1 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. i 2.

The information which, if used by a competitor, would reduce his 1 expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

3.

The information identified above is classified as proprietary because it contains details of GE's Safety Limit MCPR analysis and the ,

corresponding results which GE has applied to Hatch Unit I actual core design for cycle 18 with GE's GE13 fuel.

The development of the methods used in these analysis, along with the testing, development and approval of the supporting critical power correlation was achieved at a significant cost, on the order of several million dollars, to GE.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have 5 determined that the submitted information sought to be withheld contains proprietary commercial information. p (O NTiC Ri.E CENTER COPY 9706130186 970612 PDR ADOCK 05000321 P PDR

H. L. Sumner, Jr. i Therefore, the version of the submitted information marked as proprietary will i 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.

t 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 s

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, A

Ngoc B. Le, Project Manager Project Directorate 11-2

' i i

Division of Reactor Projects - I/II '

Office of Nuclear Reactor Regulation Docket No. 50-321 cc: See next page l

. _ - . - _ - - - _ - - .~ - .. - . - . . - . - - - . _ . --. --

1

! Edwin I. Hatch Nuclear Plant a Units 1 and 2 i

cc:

Mr. Ernest L. Blake, Jr. Charles A. Patrizia, Esquire Shaw, Pittman, Potts and Trowbridge Paul, Hastings, Janofsky & Walker 2

2300 N Street, NW. 10th Floor i Washington, DC 20037 1299 Pennsylvania Avenue

! Washington, DC 20004-9500 i Mr. D. M. Crowe Manager, Licensing Chairman

Southern Nuclear Operating Appling County Commissioners Company, Inc. County Courthouse

P. O. Box 1295 Baxley, Georgia 31513 j Birmingham, Alabama 35201-1295 Mr. W. G. Harriston, III l Resident Inspector President and Chief Executive U.S. Nuclear Regulatory Commission Officer

! 11030 Hatch Parkway North Southern Nuclear Operating i Baxley, Georgia 31513 Company, Inc.

P. O. Box 1295

Regional Administrator, Region II Birmingham, Alabama 35201-1295 U.S. Nuclear Regulatory Commission

Atlanta Federal Center Mr. J. D. Woodard 4

61 Forsyth Street, S.W., Suite 23T85 Executive Vice President Atlanta, Georgia 30303 Southern Nuclear Operating Company, Inc.

q Mr. Charles H. Badger P. O. Box 1295 1 Office of Planning and Budget Birmingham, Alabama 35201-1295

! Room 610

270 Washington Street, SW. Mr. P. W. Wells j Atlanta, Georgia 30334 General Manager, Edwin I. Hatch

Nuclear Plant Harold Reheis, Director Southern Nuclear Operating Department of Natural Resources Company, Inc.

205 Butler Street, SE., Suite 1252 P. O. Box 439 Atlanta, Georgia 30334 Baxley, Georgia 31513 Steven M. Jackson Senior Engineer - Power Supply Municipal Electric Authority of Georgia 1470 Riveredge Parkway, NW Atlanta, Georgia 30328-4684 i

a

+-

H. L. Sumner, Jr. June 12,1997 4

Therefore, the version 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.

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 l appropriate agreements for handling proprietary information. l 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 understand that the NRC may have cause to review this determination in the l 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:

Ngoc B. Le, Project Manager i Project Directorate II-2 1

Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Docket No. 50-321 cc: See next page Distribution:

Docket File HBerkow MPSiemien, 0GC (e-mail MPS)

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

• See previous concurrence To receive a copy of this document, indicate in the box: "C" - Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy, 0FFICE PM:PDII-2* PM:PDII-2* LA:PDII-2*l OGC* D:PDIT A l NAME KJABBOUR:cn TLe LBERRY MPSIEMIEN HBERKW /

DATE 6/4/97 6/6/97 6/3/97 6/10/97 4 / f/ /97 J0CUMENT NAME: G:\ HATCH \SLMCPR. WIT OFFICIAL RECORD COPY 3d'094