ML20202G152
| ML20202G152 | |
| Person / Time | |
|---|---|
| Issue date: | 02/10/1998 |
| From: | Carpenter C NRC (Affiliation Not Assigned) |
| To: | Terry C NIAGARA MOHAWK POWER CORP. |
| References | |
| TAC-M99638, TAC-M99870, TAC-M99895, TAC-M99898, NUDOCS 9802200071 | |
| Download: ML20202G152 (5) | |
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WASHINGTON, D.C. 30666-0001 February 10, 1998 Carl Terry, BWRVIP Chairman Niagara Mohawk Power Company
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Post Office Box 63 Lycoming, NY 13093 i
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSlJR (TAC NOS. M99638, M99670, M99898, M99895)
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Dear Mr. Terry,
b You have recently submitted several BWR Vessel and Intemals Project (BWRVIP) and Electric Power Research Institute (EPRI) propriatary reports, and their nonproprietary versions (unless otherwie indicated), for NRC staff review. Specifically. you susmitted the following reports:
1)
" Shroud Support Inspection and Flaw Evaluation Guidelines (BWRVIP-38)," EPRI Report TR-108823, dated September 15,1997, for the purpose of supporting generic regulator /
efforts related to the inspection requirements for the core shroud welds; 2)
"BWR Jet Pump Assembly inspection and Flaw Evaluation Guidelines (BWRVIP-41),"
EPRI Report TR-108728, dated October 15,1997, for the purpose of supporting generic regulatory efforts related to the inspection requirements for jet pump assemblies; 3)
"BWR LPCI Coupling Inspection and Flaw Evaluation Guidelines (BWRVIP-42)," EPRI J.
Report TR-108726, dated December 11,1997, for the purpose of supporting generic F
regulatory efforts related to the inspaction requirements for the LPCI coupling; 4)
" Underwater Weld Repair of Nickel Alloy Reactor Vessel Intemals (BWRVIP-44)," EPRI Report TR-108708, dated October 27,1997, for the purpose of supporting regulatory efforte to qualify a flux-core welding process for use on inconel components at depths up to 50 feet without an environment chamber, 5)
"Weldability of irradiated LWR Structural Components (BWRVIP-45) "EPRI Report TR-108707, dated October 27,1997, lor the purpose of supportirig regulatory efforts to determine the fluence threshold for weldability of reactor intemals; 6)
"BWR Lower Plenum Inspection and Flaw Evaluation Guidelines (BWRVIP-47)," EPRI Report TR-108727, dated December 30,1997, for the purpose of supporting regulatory efforts related to inspection requirements for lower plenum components; and, 7)
" Configurations of SR BWR Reactor Internals (BW'4 VIP-15),"i.PRI Report TR-106369, dated June 16,1997, for the purpose of assisting NRC staff review of BWR intemal component documents (a nonproprietary versi-J this document was not submitted).
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Carl Terry You requested that the above reports be withheld from public disclosure pursuant to 10 CFR 2.790, in accordance with the lette% and attached affidavits for reports (4) and (5) frem Arthur Kenny, Esquire, of EPRI, dated October 27,1997. Additionally, by letters and attached affidavits dated respectively August 7,1997. August 29,1997. December 11,1997 December 17,1997, and June 16,1997, from Mark Fox, Esquire, of EPRI, you requested that reports (1), (2), (3), (6), and (7) be withheld from public disclosure pursuant to 10 CFR 2.790.
Mr. Kenny and Mr. Fox stated that the submitted information for reports (1), (2), (3), (4), (5), (6),
and (7), should b6 considered exempt from mandatory public disclosure for the following reasons:
(1) -
The Report is not available in public sources. EPRI developed the Report only after making a determination that the Report was not available from public sources. It required a large expenditure of dollars for EPRI to develop the Report. In addition, EPRI was required to use a large amount of time of EPRI employees. The money spent, plus the value of EPRI's staff time in preparing the Report, show that the Report is highly valuable to EPRI. Finally the Report was developed only after a long period of effort of at least sriteral months.
(ii)
A public disclosure of the Report would cause substantial harm to EPRl's competitive position and the ability of EPRI to license the Report both domestically and intemationally. The Report can be properly acquired or duplicated by others only with an equivaler 8nvestment of time and effort.
We have reviewed your applicstions, attached affidavits, 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 versions of the submitted information marked as proprietary will be withheld from the public disclosure qursuant 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 co~ies 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 in'ormation.
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CarlTerry l 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 insrction, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this detertalnation in the future, for example, if the scope of a Freedom of Information Act i
request includes yourinformation. 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, 1
C. E. Carpenter, r., Lead Proje anager Materials and Chemical Engidering Branch Division of Engineering Office of Nuclear Reactor Regulation i
cc: See next page
0 Carl Terry If the basis for withholding this information from public inspection should change in the future 1
such that the iniornirf9n 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.
Sincerely, C. E. Carpenter, Jr Le. Project Manager Materials and Chemicaf Engineering Branch Division of Engineering Office of Nuclear Reactor Regulation cc:
See next page Distribution:
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l George Jones, Executive Chairman Dana Covill, Technical Chairman BWRVIP Assessment Task BWRVIP Assessment Task Pennsylvania Power & Light GPU Nuclear A6-1 1 Upper Pond Road
- Two North Ninth Street -
Parsippany, NJ 07054 Allemown, PA 18101
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Joe Hagan, Executive Chairman Carl Larsen, Technical Chairman BWRVIP Inspection Task BWRVIP inspection Task Entergy Yankee Atomic P. O. Box 756 580 Main Street Waterico Road Bolton, MA 01740 Port Gibson, MS 39150 Paul Bamis, Executive Chairman.
Vaughn Wagoner, Technical Chairman BWRVIP integration Task BWRVP Integration Task Washington Public Power Supply System Carolina Power & Light Company P. O. Box 968 -
One Hannover Square 9C1 North Power Plant Loop P.0, Box 1551 Rhbland, WA 99352-0968 Raleigh, NC 27612 Lewis Sumner, Executive Chairman John Wilson, Technical Chairman BWRVIP Mitigation Task BWRVIP Mitigation Task Southem Nuclear Operating Co,
. Pub!ic Service Electric & Gas Co.
40 invemess Center Parkway N51 Birmingham, AL 35201 Post Office Box 236
- Hancocks Bridge, NJ 08038 John Blomgren, Executive Chairman Bruce McLeod, Technical Chairman BWRVIP Repair Task BWRVIP Repair Task Comraonwealth Edison Co.
Southem Nuclea' Operating Co.
1400 Opus Place, Suite 600 Post Office Box 1295 Downers Grove, IL 60515-5701-40 invemese Center Parkway Birmingham, AL 35201 Bill Campbell, BWRVIP Vice Chairman Warren Bilanin, EPRI BWRVIP Carolina Power & Light Integration Manager
' P. O. Box 1551 Joe Gilman, EPRI BWRVIP Raleigh, NC 27612 Mitigation Manager Ken Wolfe, EPRI BWRVIP Robert Carter, EP8tl BWRVIP Repair Manager Assessment Manager Electric Power Research Institute Greg Selby, EPRI BWRVIP P. O. Box 10412 Inspection Manager 3412 Hillview Ave.
EPRI NDE Center Palo Alto, CA 94303 P. O. Box 217097 1300 W. T. Harris Blvd.
Charlotte, NC 28221
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