ML20154D325

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Informs That Info Contained in Firstenergy Ltr Dtd 980722, (PY-CEI/NRR-2299L),marked Proprietary,Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954
ML20154D325
Person / Time
Site: Perry 
Issue date: 10/06/1998
From: Pickett D
NRC (Affiliation Not Assigned)
To: Myers L
CENTERIOR ENERGY
References
TAC-M96931, NUDOCS 9810070191
Download: ML20154D325 (5)


Text

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j NUCLEAR REGULATORY COMMISSION A

WASHINGYON, D.C.1I0006 0001

.....,o se October 6, 1998 Mr. Lew W. Myers Vice President - Nuclear, Perry Centerior Service Company P.O. Box 97, A200 Perry, OH 44081

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

- PERRY NUCLEAR POWER PLANT, UNIT NO.1 (TAC NO. M96931)

Dear Mr. Myers:

By letter from FirstEnergy dated July 22,1998 (PY-CEl/NRR-2299L), and Polestar Applied Technology, Inc.'s affidavit, executed by David E. W. Leaver, dated June 29,1998, the following proprietary document was submitted:

PSAT 08401T.03 Perry Plant Total Effective Dose Equivslent (TEDE) Calculations Polestar Applied Technology, Inc. requested that the proprietary information tse withheld from public disclosure pursuant to 10 CFR 2.790. Polestar Applied Technology, Inc. stated that the information should be considered exempt from mandatory public disclosure for the following reasons:

(4)a information that discloses a process or method, including supporting data and analyses, where prevention of its use by Polestar's competitors without license from Polestar constitutes a competitive economic advantage over other companies.

(4)b Information which, if used by a competitor, would significantly reduce his expenditure of resources or improve his competitive position in the analysis, design, assurance of quality, or licensing of a similar product.

-(8)

The information identified (as listed) above, is classified as proprietary because it contains detailed information on models in current software which were developed by Polestar and are justified from numerous benchmark exercises and applications, detailed results of these models and analytical methods, and computer codes which Polestar has developed, documented, and is maintaining under the Polestar 10 CFR 50, Appendix B Quality Assurance Program. The model results are from applications of the revised DBA source term to the Perry Nuclear Plant in support of the Cleveland Electric yg Illuminating Company.

The development and documentation of the methods, models, and associated Polestar computer codes used in these analyses was achieved at a significant cost to Polestar,

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on the order of $50,000, which is a significant fraction of internal research and D

development resources available to a company the size of Polestar.

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NRC R.E CENTEB COPY

L Myers.

The development of the models and methods, along with the interpretation and application of the results, is derived from the extensive experience database that constitutes a major Polestar asset.

We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Polestar Applied Technology, Inc.'s statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information. Therefore, the information marked as proprietary in your submittal of July 22,1998, 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 document. If the need arises, we may send copies of this information to our consultants working in this area. We will, or 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 should also 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 needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, mb v BM Douglas V. Pickett, Senior Project Manager Project Directorate 111-3 Division of Reactor Projects lil/IV Office of Nuclear Reactor Regulation Docket No. 50-440 cc: See next page

L. Myers October 6, 1998 The development of the models and methods, along with the interpretation and application of the results, is derived from the extensive experience database that constitutes a major Polestar asset.

We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Polestar Applied Technology, Inc.'s statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information. Therefore, the information marked as proprietary in your submittal of July 22,1998, 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.

l Withholding from public inspection 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, or 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 should also 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 needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, Original signed by:

Douglas V. Pickett, Senior Project Manager Project Directorate 111-3 Division of Reactor Projects lil/IV Office of Nuclear Reactor Regulation Docket No. 50-440 DISTRIBUTION sDocket Men PUBLIC PDill-3 r/f cc: See next page RBellamy GGrant, Rlli EGA1 OGC (email MPS)

DOCUMENT NAME: G:\\ PERRY \\PER96931.PRP

  • See Previous Concurrence To receive a copy of this document, indicate in the box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy 0FFICE PM:PDIM-Sp C

LA:PDIII-3 C

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CMiller M DATE 09/ 0 98 09/Q/98 09/4\\/98 09/17/98 0924/98 j

OFFICIAL RECORD COPY

L. Myers October 6, 1998 The development of the models and methods, along with the interpretation and application of the results, is derived from the extensive experience database that constitutes a major Polestar asset.

We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Polestar Applied Technology, Inc.'s statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercialinformation. Therefore, the information marked as proprietary in your submittal of July 22,1998, 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 document. If the need arises, we may send copies of this information to our consultants working in this area. We will, or 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 should also 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 needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, i

Original signed by:

Douglas V. Pickett, Senior Project Manager Project Directorate lll-3 Division of Reactor Projects ill/IV Office of Nuclear Reactor Regulation Docket No. 50-440 DISTRIBUTION Docket File PUBLIC PDlll-3 r/f cc: See next page RBellamy GGrant, Rill EGA1 l

OGC (email MPS)

DOCUMENT NAME: G:\\ PERRY \\PER96931.PRP

  • See Previous Concurrence To receive a copy of this document, indicate in the box: *C" = Copy without enclosures *E" = Copy with enclosures "N" = No copy 0FFICE PM:PDi & Sp C

LA:PDIII-3 C

OGC

,aC D:PDIII-3 N

BC:PERB C--

NAME DPickeft ' '

EBarnhill(Y MPSi,emien in V RBellamy(A)*

CMiller M DATE 09/ 0 98 09/Q/98 09/%\\/98 09/17/98 09424/98 0FFICIAL RECORD COPY

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L. Myers Perry Nuclear Power Plant, Units 1 and 2 Centerior Service Company cc:

Mary E. O'Reilly '

James R. Williams FirstEnergy - A290 Chief of Staff 10 Center Road Ohio Emergency Management Agency Perry, OH 44081 2855 West Dublin Granville Road Columbus, OH 43235-7150 Resident inspector's Office U.S. Nuclear Regulatory Commission Mayor, Village of Perry P.O. Box 331 4203 Harper Street Perry, OH 44081-0331 Perry, OH 44081 Regional Administrator, Region lli Radiological Health Program U.S. Nuclear Regulatory Commission Ohio Department of Health 801 Warrenville Road P.O. Box 118

- Lisle, IL 60532-4531 Columbus, OH 43266-0118 Sue Hiatt Ohio Environmental Protection OCRE Interim Representative Agency 8275 Munson DERR-Compliance Unit Mentor, OH 44060 ATTN: Mr. Zack A. Clayton P.O. Box 1049 Henry L. Hegrat Columbus, OH 43266-0149 Regulatory Affairs Manager Cleveland Electric liluminating Co.

Chairman Perry Nuclear Power Plant Perry Township Board of Trustees P.O. Box 97, A210 3750 Center Road, Box 65 Perry, OH 44081 Perry, OH 44081 FirstEnergy Corporation State of Ohio

- Michael Beiting Public Utilities Commission Associate General Counsel East Broad Street 76 S. Main Columbus, OH 43266-0573 Akron, OH 44308 William R. Kanda, Jr., Plant Manager Mayor, Village of North Perry Cleveland Electric illuminating Co.

North Perry Village Hall Perry Nuclear Power Plant 4778 Lockwood Road P.O. Box 97, SB306 North Perry Village, OH 44081 Perry, OH 44081 Donna Owens, Director Ohio Department of Commerce Division of Industrial Compliance Bureau of Operations & Maintenance 6606 Tussing Road P. O. Box 4009 Reynoldsburg, OH 43068-9009