ML20155H418

Advises That Info Contained in 980918 Application & 980813 Affidavit, GE14 Lua Fuel Bundle Description Rept, Will Be Withheld from Public Disclosure,Per 10CFR2.790

ML20155H418
Person / Time
Site:	Hatch
Issue date:	11/03/1998
From:	Olshan L NRC (Affiliation Not Assigned)
To:	Sumner H SOUTHERN NUCLEAR OPERATING CO.
References
NUDOCS 9811100119
Download: ML20155H418 (3)

Text

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,[x ## pp p  %*4 UNITED STATES g

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30006 4 001

% ,o November 3, 1998 Mr. H. L. Sumner, Jr.

Vice President - Nuclear Hatch Project Southern Nuclear Operating Company, Inc.

Post Office Box 1295 Birmingham, Alabama 35201-1295

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE EDWIN 1. HATCH NM t. EAR PLANT, UNIT NO. 2 Dear Mr. Sumner-By your application dated September 18,1998, and affidavit dated August 13,1998, executed by Glen A. Watford, Manager, Nuclear Fuel Engineering, General Electric Company, you submitted "GE14 LUA [ Lead Use Assemblies] Fuel Bundle Description Report," and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version was submitted for placement in the NRC's public document room.

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

(4)a. Information that 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. 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.

(8) The information identified...is classified as proprietary because it contains .

details of GE's (General Electric's] advanced fuel design. I

)

The development of the advanced fuel design, along with the testing, j development and approval of the supporting methodology was achieved i at a significant cost, on the order of several million dollars, to GE. h I We have reviewed your application and the materialin accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercialinformation and should be h!j withheld from public disclosure. k j g . ^ 3 .' 5 0 ,

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9811100119 981103 j PDR ADOCK 05000366 PDR s r . , ,'? % ,

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• g H. L. Sumner, Jr. 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 concemed to inspect the documents. If the need arises, we may send copies of this iriformation 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.

If you have any questions regarding this matter, I may be reached at 301-415-1419.

Sincere

Leonard N. Olshan, Senior Project Manager Project Directorate 112 Division of Reactor Projects -1/11 Office of Nuclear Reactor Regulation Docket No. 50-366 cc

See next page i

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H. L. Sumner, Jr. November 3, 1998 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 appropriate agreamets for handling proprietary inforn ation.

If the basis for withholding this information from puolic 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.

If you have any questions regarding this matter, I may be reached at 301-415-1419.

Sincerely, Original signed by:

Leonard N. Olshan, Senior Project Manager Project Directorate ll-2 Division of Reactor Projects - l/ll Office of Nuclear Reactor Regulation Docket No. 50-366 c.c: See next page

Distribution: COgle, Ril i

Docket Filo JZwolinski LOlshan PUBLIC HBerkow MPSiemien, OGC l PD 11-2 Rdg. LBerry LPlisco, Rll l

, To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure

! "E" = Copy with attachment / enclosure "N" = No copy OFFICEAM:PDil-2 l LA:PDilQ L & OGC L D:PDl,lh l NAME WtOlshan:en LBerry ,1W MPSiemie% HBerl(olv DATE 10 /0 /98 O $/98 7 s\ /N98 9 /S /98 / /98 / /97 DOCUMENT NAME: G:\HATC,HiGE14LUA. WIT OFFICIAL RECORD COPY

.. s Edwin I. Hatch Nuclear Plant cc: '

Mr. Ernest L. Blake, Jr. Charles A. Patrizia, Esquire Ghaw, Pittman, Potts Paul, Hastings, Janofsky & Walker and Trowbridge 10th Floor 2300 N Street, NW. 1299 Pennsylvania Avenue Washington, DC 20037 Washington, DC 20004-9500 Mr. D. M. Crowe Chairman Manager, Licensing Appling County Commissioners Southern Nuclear Operating County Courthouse Company, Inc. Baxley, Georgia 31513 P. O. Box 1295 Birmingham, Alabama 35201-1295 Mr. J. D. Woodard 4 Executive Vice President

• Resident inspector Southern Nuclear Operating Plant Hatch Company, Inc.

11030 Hatch Parkway N. P. O. Box 1295 i Baxley, Georgia 31531 Birmingham, Alabama 35201-1295 l i

Regional Administrator, Region ll Mr. P. W. Wells U.S. Nuclear Regulatory Commission General Manager, Edwin 1. Hatch Atlanta Federal Center Nuclear Plant 61 Forsyth Street, SW, Suite 23T85 Southern Nuclear Operating Atlanta, Georgia 30303 Company, Inc.

U.S. Highway 1 North Mr. Charles H. Badger P. O. Box 2010 Office of Planning and Budget Baxley, Georgia 31515 Room 610 270 Washington Street, SW. Mr. R. D. Barker Atlanta, Georgia 30334 Program Manager Fossil & Nuclear Operations Harold Reheis, Director Oglethorpe Power Corporation Department of Natural Resources 2100 East Exchange Place 205 Butler Street, SE., Suite 1252 P. O. Box 1349 Atlanta, Georgia 30334 Tucker, Georgia 30085-1349 Steven M. Jackson Senior Erp/ar - Power Supply Municipal Elede Authority of Georgia .

1470 Riveredge Parkway, NW Atlanta, Georgia 30328-4684

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