ML20199G717
| ML20199G717 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 11/19/1997 |
| From: | Pickett D NRC (Affiliation Not Assigned) |
| To: | Reda R GENERAL ELECTRIC CO. |
| References | |
| TAC-M96985, NUDOCS 9711250263 | |
| Download: ML20199G717 (4) | |
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NUCLEAR REQULATORY COMMIS810N j'
WASHINGTON, D.C. 30006-4001
( * *...,f November 19, 1997 Hr. Ralph J. Reda Manager,.Nels and facility Licensing General Electric Company P.O. Box 780 Wilmington, NC 28402
SUBJECT:
REQUEST FOR WITH.iOLDING INFORMATION FROM PUBLIC DISCLOSURE -
PERRY NUCLEAR POWER PLANT. UNIT 1 (TAC NO. M96985)
Dear Mr. Reda:
By letter dated June 16. 1997 (PY CLl/NRR-2178L), Centerior Service Company responded to our request for additional information regarding a license amendment request to revise the safety limit minimum critical power ratio.
The June 16, 1997, letter contained material described as General Electric (GE) Proprietary inicrmation.
The proprietary text was enclosed by double brackets and GE requested that this material be withheld from public disclosure pursuant to 10 CFR 2.790.
An affidavit dated June 5, 1997. executed by you, was included in the submittal. GE stated that the submittal meets the following definitions of proprietary information:
supporting data and analyses, process, method, or apparatus including Information that discloses a where prevention of its use by GE's competitors without license from GE constitutes a competitive economic advantage over other companies; and 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.
GE also states that the submittal should be considered exempt from mandatory public disclosure for the following reasons:
The information identified it classified as proprietary because it contains details of GE's Safety Limit MCPR analysis and the corresponding results which GE has applied to Perry's actual cure design with GE's fuel; j'p and The development of the methods used in the analysis, along with the testing, development, and approval of the supporting critical power
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correlation was achieved at a significant cost, on the order of several million dollars, to GE.
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Centerior Service Company Perry Nuclear Power Plant Unit Nos. I and 2 CC:
Jay E. Silberg,Pottc. & Trowbridge Ohio Department of Comerce Esq.
Donna Dens. Director Shaw, Pittman.
2300 N Street. NW.
Division of Industrial Compliance Washington. DC 20037 Bureau of rations & Maintenance 6606 Tussi Road Mary E. O'Reilly P.O. Box 40 9 Centerior Energy Corporation Reynoldsburg, OH 43068 9009 300 Madison Avenue Toledo. 0H 436E2 Mayor, Village of North Perry North Perry village Hall Resident Inspector's Office 4778 Lockwood Road U.S. Nuclear Regulatory Comission North Perry Village. OH 44081 P.O. Box 331 Perry, OH 44081 0331 Attorney General Department of Attorney General RegionalAdministrator. Region 111 30 East Broad Street U.a. Nuclear Regulatory Commission Columbus, OH 43216 801 Warrenville Road Lisle, IL 60532 4531 Radiolo :al Health Program s
Ohio Department of Health Lake County Prosecutor P.O. Box 118 Lake County Administration Bldg.
Columbus OH 43266 0118 105 Main Street Painesville, OH 44077 Ohio Environmental Protection Sue Hiatt DE ompliance Unit OCRE Interim Representative ATTN:
Mr. Zack A. Clayton 8275 Munson P.O. Box 1049 Mentor OH 44060 Columbus. OH 43266 0149 Terry J. Lodge, Esq.
Chairman 613 N. Michigan Street. Suite 105 Perry Township Board of Trustees Toledo. 0H 43624 3750 Center Road Box 65 Perry, OH 44081 Ashtabula County Prosecutor 25 West Jefferson Street State of Ohio Jefferson, OH 44047 Public Utilities Commission East Broad Street Henry L. Hegrat Columbus, OH 43266 0573 Regulatory Affairs Manager Cleveland Electric illuminating Co.
WilliamR.Kanda,Jr.1uminatingCo. Plant Man Perry Nuclear Power Plant Cleveland Electric 11 P.O. Box 97. A210 Perry Nuclear Power Plant Perry. OH 44081 P.O. Box 97. SB306 Perry. OH 44081 Lr.w W. Myers Vice President - Nuclear, Perry Mayor. Village of Perry Centerior Service Company 4203 Har mr Street P.O. Box 97, A200 Perry. 0110 44081 Perry. OH 44081 Roy P. Less Akin, Gump.y. Jr.
James R. Williams Strauss Hauer Chief of Staff and Feld L.L.P.
Ohio Emergency Management Agency 1333 New Ham) shire Ave, NW., Ste 400 2855 West Dublin Granville Road Washington. X 20036 Columbus. 0H 43235 2206
,e R. Reda.
We have reviewed your affidavit and the material in accordance with the requirements of 10 CFR 2./90'and, on the basis of GE's statements, have determined that the submitted information sought to be withheld ccntains trade i
secrets or proprietary commercial information.
f Therefore, we have determined that the information included in Centerior withheld from public disclosure pursuant to 10 CFR 2.790(b)(5)prietary will be Service Company's letter dated June 16. 1997, marked as GE Pro 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 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 consulte'ts have signed the appropriate agreements for handling proprietary informat an.
r 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 disclosure, you should promptly notify the Nuclear Regulatory Commission (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 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 Ill/lV Office of Nuclear Reactor Regulation Docket No. 50 440 c(. : See next page
)lSTRIBUT"0N:
Mcket F1'e PUBLIC PDill-3.r/f 3
EAdensam (EGAl)
GGrant. RIII RSavio HPSiemien. OGC.(and e mail MPS)
-DOCUMENT NAME: G:\\ PERRY \\GEPROP.LTR
- SEE PREVIDUS CONCURRENCE
- To voceive a copy of this document. Indicate in the bos: "C" = Copy wthout enclosures
- E" = Copy wth enclosures "Na = No copy 0FFICE PM:PDill 3 J C LA:PDill-3
,C BC:SRxB OGC lC NAME DPickettF' CBoyle 50 TCollins*
MPSiemten*
DATE ll/ W 97 11/M/97 'lJ 11/05/97 11/14/97 0FFICIAL RECORD COPY
4' R. Reda.
We have reviewed your affidavit and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of GE's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary conrnercial information.
Therefore, we have determined that the information included in Centerior Service Company's letter dated June 16, 1997. marked as GE 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 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 disclosure should change in the future such that the information could then be made available for public disclosure, you should promptly notify the Nuclear Regulatory Commission (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 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 Ill/IV Office of Nuclear Reactor Regulation Docket to. 50-440 cc:
See next page QlSBIEUT10N:
Docket file PUBLIC PDill-3 r/f EAdensam (EGAl)
GGrent. Rlli RSavio
-MPSiemien. OGC (and e mail MPS)
DOCUMENT NAME: G:\\ PERRY \\GEPROP.LTR
- SEE PREVIOUS CONCURRENCE D receive a copy of this document, indicate in the box: "C" = Copy wthout enclosures *E" = Copy wth enclosures "N" = No copy OfFICL PM:PDlll-3_ d C LA:P0111-31,C BC:SRXB l
OGC lC NAME OPicKett W CBoyle SJa ICollins*
MPSlemien*
DATE ll/VV9/
11/d/97 '(T 11/05/97 11/14/97 0FFICIAL RECORD COPY