ML20147B746

Advises That Info Contained in Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5) & Section 103(b of AEC of 1954

ML20147B746
Person / Time
Site:	Grand Gulf
Issue date:	01/30/1997
From:	Donohew J NRC (Affiliation Not Assigned)
To:	Hagan J ENTERGY OPERATIONS, INC.
References
TAC-M95385, NUDOCS 9702030144
Download: ML20147B746 (4)

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2066C4001 I

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} ****+ ,o January 30, 1997 Mr. Joseph J. Hagan Vice President, Operations GGNS Entergy Operations, Inc.

P. O. Box 756 Port Gibson, MS 39150

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE IN A MATTER FOR GRAND GULF NUCLEAR STATION, UNIT I (TAC NO. M95385)

Dear Mr. Hagan:

By your letter dated October 22, 1996, and the Entergy Operations, Inc. (E01) I affidavit dated October 22, 1996, executed by Michael J. Meisner, you '

submitted the response to question 2 in Attachment 2 of the document GNR0-96/00119, " Revised Response to NRC Request for Additional Information Regarding Minimum Critical Power Safety Limit" dated October 22, 1996, and requested that portions of the response indicated by "{ }" be withheld from public disclosure pursuant to 10 CFR 2.790. These portions of the response use information, owned by fuel suppliers General Electric Company (GEC) and Siemens Power Corporation (SPC) which was combined by E01 into the single response and can not be separated. This information from GEC and SPC was also requested to be withheld by GEC in the letter of July 31, 1996, from E0I, and by SPC in the letter of February 2,1988, from Advanced Nuclear Fuels Corporation (ANFC, the predecessor of SPC). The affidavits from GEC and ANFC were dated July 29, 1996, and February 2, 1988, respectively. The Nuclear Regulatory Commission (NRC) has approved GEC's request in the letter of December 11,1996, to E0I, and SPC's request in the letter of January 30, 1997, to SPC.

In the affidavit, E01 stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

"This information is of the type customarily held in confidence by E01 and its fuel suppliers and, other than the Commission, is intended to be held in confidence and not disclosed to the public. .

The information is classified as confidential because it contains l information on test data and analytical methods applied to Grand Gulf Nuclear Station's Cycle 9 core design which contains brth Gell fuel and SPC 9X9-5 fuel. Although E0I is the owner of the information, the information was developed by using data and l analytical methods which General Electric (GE] and Sier.sns Power  !

Co. [SPC] individually designated as proprietary. E tergy l Operations is under contractual obligation to General Electric and i Siemens Power Co. to treat this information as proprietary. I 9702030144 970130 ADOCK 05000416 CIRECsisCOPY q%U O. l PDR p PDR cA

Mr. Joseph J. Hagan .

4 The research, development, engineering and NRC review costs comprise an investment of time and costs to GE, SPC, and E01.

j Disclosure of this information to a competitor to improve its competitive position by giving valuable insights into BWR [ Boiling Water Reactor] fuel design and licensing methodology. In i addition, disclosure would harm E0!'s contractual obligations related to this information."

. We have reviewed your application and the material in accordance with the

requirements of 10 CFR 2.790 and, on the basis of the statements in your 4 letter, have determined that the submitted information sought to be withheld contains proprietary commercial information.

Therefore, the applicable portions of the document 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 disclosure shall not affect the right, if any, of persons properly and directly concerned to inspect the document. 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 disclosure 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 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 this 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, h DN qJackN.Donohew,SeniorProjectManager i

Project Directorate IV-1 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation Docket No. 50-416 cc: See next page

Mr. Joseph J. Hagan January 30, 1997 The research, development, engineering and NRC review costs i comprise an investment of time and costs to GE, SPC, and E01.

Disclosure of this information to a competitoi to improve its competitive position by giving valuable insights into BWR [ Boiling Water Reactor] fuel design and licensing methodology. In addition, disclosure would harm E01's contractual obligations i

related to this information."

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of the statements in your letter, have determined that the submitted information sought to be withheld contains proprietary commercial information.<

! Therefore, the applicable portions of the document 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 disclosure shall not affect the right,. if any, of 1

persons properly and directly concerned to inspect the document. 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 -ikformation from public disclosure 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 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 this 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.

Jack N. Donohew, Senior Project Manager

( Project Directorate IV-1 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation Docket No. 50-416 cc: See next page DISTRIBUTION:

Docket File PUBLIC PD4-1 r/f J. Roe E. Adensam (EGAl) J. Donohew J. Dyer, RIV W. Beckner M. Siemien 0GC (15818) j C. Hawes L. Phillips T. Huang'  :

Document Name: M95385.PR5 0FC PM/PD44l b LA/PO4-A , SC:58KS/hSh OGC ,f M Signat@e NAME JDonohdh Chaw hh bP h ph M.Sibien JDhN DATE 1/f/9h /

I 30/96 l ['.@/96. l/N6 l )JO/96 I

COPY [S/NO YES/NO YES/NO [ES/N0 0FFICIAL RECORD COPY q/;

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

( Mr. Joseph J. Hagan Entergy Operations, Inc. Grand Gulf Nuclear Station I

cc:

) Executive Vice President General Manager, GGNS

& Chief Operating Officer Entergy Operations, Inc.

Entergy Operations, Inc. P. O. Box 756

. P. O. Box 31995 Port Gibson, MS 39150 3 Jackson, MS 39286-1995 Attorney General Wise, Carter, Child & Caraway Department of .lustice P. O. Box 651 State of Louisiana i

Jackson, MS 39205 P. O. Box 94005

Baton Rouge, LA 70804-9005 Winston & Strawn l 1400 L Street, N.W. - 12th Floor State Health Officer Washington, DC 20005-3502 State Board of Health i P. O. Box 1700

, Director Jackson, MS 39205 Division of Solid Waste Management Mississippi Department of Natural Office of the Governor i Resources State of Mississippi P. O. Box 10385 Jackson, MS 39201 l Jackson, MS 39209 Attorney General President Asst. Attorney General

. Claiborne County Board of Supervisors State of Mississippi j

Port Gibson, MS 39150 P. O. Box 22947 Jackson, MS 39225

Regional Aowinistrator, Region IV U.S. Nuclear Regulatory Commission Vice President, Operations Support

, 611 Ryan Plaza Drive, Suite 1000 Entergy Operations, Inc.

, Arlington, TX 76011 P.O. Box 31995 Jackson, MS 39286-1995 Senior Resident Inspector U. S. Nuclear Regulatory Commission Director, Nuclear Safety Route 2, Box 399 and Regulatory Affairs Port Gibson, MS 39150 Entergy Operations, Inc.

P.O. Box 756 Nuclear Operating Plant Services Port Gibson, MS 39150 Bechtel Power Corporation 9801 Washington Boulevard Gaithersburg, MD 20878