ML20196A398

Advises That Version of Repts San Onofre 2 & 3-Replacement LP Rotors & San Onofre Retrofit Missile Analysis Rept in ,Marked as Proprietary,Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5)

ML20196A398
Person / Time
Site:	San Onofre
Issue date:	11/20/1998
From:	Clifford J NRC (Affiliation Not Assigned)
To:	Furnival G UNITED KINGDOM
References
TAC-MA2186, TAC-MA2187, NUDOCS 9811270134
Download: ML20196A398 (3)

Text

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30eeH001 M

i-November 20, 1998 l

Mr. Gary Fumival ALSTOM Energy Ltd Newbold Road l

Rugby, Warwickshire l

CV212NH England l

SUBJECT:

REQUEST COR WITHHOLDING INFORMATION FROM PUSLIC DISCLOSURE j

ALSTOM ENERGY LTD (TAC NOS. MA2186 AND MA2187) l

Dear Mr. Fumival:

By letter dated September 18,1998, Southem Califomia Edison (SCE) responded to a request

- for additional information from the NRC staff regarding SCE's application for amendment to the licenses for San Onofre Nuclear Generating Station (SONGS) Unit Nos. 2 and 3. The SCE l

letter included, as Enclosure 3, a proprietary version of a report by Alstom Energy Ltd. entitled "Sr n Onofre 2 & 3 - Replacement LP Rotors." in their letter SCE requested that this report be withheld from public disclosure pursuant to 10 CFR 2.790. A non-proprietary version of the report was included in the submittal for placement in the NRC public document room.

By the same letter dated September 18,1998, SCE identified an additional report prepared by Alstom Energy Ltd. containing proprietary information. This report, entitled " San Onofre Retrofit l

. Missile Analysis Report," was previously submitted to the NRC staff as Enclosure 2 to SCE's l

application for amendment dated June 12,1998. When the report was submitted, SCE did not identify that it contained proprietary information and did not request that it be @ held from public disclosure. Subsequently, in the September 18,1998 letter, SCE identified this report as containing proprietary information and requested that it be withheld from public disclosure i

i pursuant to 10 CFR 2.790. SCE provided a non-proprietary version of the report to the NRC by letter dated October 29,1998, for placement in the NRC public document room. The NRC staff

/o removed the proprietary version from the public document room.

l An affidavit dated September 18,1998, executed by you for Alstom Energy Ltd., the owner of pfD[

the information, was included in the September 18,1998 SCE submittal. Alstom Energy Ltd.

states that the Als am Energy report entitled " San Onofre 2 & 3 - Replacement LP Rotors" and the Alstom Energy report entitled " San Onofre Retrofit Missile Analysis," hereafter identified as

- th Documents, should both be considered exempt from mandatory public disclosure for the l

folieving reasons:

"5.

The information contained in the Documents reveals important aspects of Alstom's steam turbine design which has been developed through many years of extensive j

research and development ac'ivity giving Alstom steam turbines crucial enhancements i

over competitor's equipment sufficient to enable Alstom to maintain a technical and i

commercial advantage over those of its competitors who are not in possession of the l

information contained in the Documents, t

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. Mr. Giry Fumival November 20, 1998 e

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The disclosure of the proprietary information contained'in the Documents to a competitor, not in possession of the information contained in the Documents, would result in substantial harm to the commercial interests of Alstom."

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 determined that the submitted Information sought to be withheld contains proprietary commercial information.

Therefore, the version of the reports entitled, " San Onofre 2 & 3 - Replacement LP Rotors" and

" San Onofre Retrofit Missile Analysis Report" marked as proprietary will be withheld from the public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act

~ f 1954, as amended.

o 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 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 publi:: 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 i

adverse to the above, you will be notified in advance of any public disclosure.

With regard to any future submittals SCE may make that include information owned by Alstom Energy Ltd. and considered to be proprietary, please ensure that it is identified as proprietary

~ and accompanied by an affidavit from Alstom Energy Ltd. when it is submitted.

Sincerely, Original Signed By James W. Clifford, Senior Project Manager Project Directorate IV-2 Division of Reactor Projects - Ill/IV Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION:

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Mr. Gary Fumival November 20, 1998 cc:

Mr. R. W. Krieger, Vice President Resident inspector / San Onofre NPS Southem Califomia Edison Company c/o U.S. Nuclear Regulatory Commission i

San Onofre Nuclear Generating Station Post Office Box 4329 P. O. Box 128 San Clemente, Califomia 92674 San Clemente, Califomia 92674-0128 Mayor

' Chairman, Board of Supervisors City of San Clemente County of San Diego 100 Avenida Presidio

-l 1600 Pacific Highway, Room 335 San Clemente, Califomia 92672 San Diego, Califomia 92101 i

Mr. Dwight E. Nunn, Vice President Alan R. Watts, Esq.

Southem Califomia Edison Company Woodruff, Spradlin & Smart San Onofre Nuclear Generating Station 701 S. Parker St. No. 7000 P.O. Box 128 Orange, Califomia 92668-4702 San Clemente, Califomia 92674-0128 Mr. Sherwin Harris Mr. Harold B. Ray 4

Resource Project Manager Executive Vice President Public Utilities Department.

Southem Califomia Edison Company City of Riverside San Onofre Nuclear Generating Station 3900 Main Street P.O. Box 128 Riverside, Califomia 92522 San Clemente, Califomia 92674-0128 i

Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower & Pavilion 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 Mr. Michael Olson San Onofre Liaison San Diego Gas & Electric Company P.O. Box 1831 San Diego, Califomia 92112-4150 Mr. Steve Hsu

Radiologic Health Branch State Department of Health Services Post Office Box 942732 Sacramento, Califomia 94234