ML20206G122

Discusses 981215 Request That Document, Responses & Further Clarifications to NRC Questions from 980929 Meeting, Be Withheld from Public Disclosure.Determined Information to Be Proprietary & Will Be Withheld from Public Disclosure

ML20206G122
Person / Time
Site:	Comanche Peak
Issue date:	05/03/1999
From:	Jaffe D NRC (Affiliation Not Assigned)
To:	Hastings C External (Affiliation Not Assigned)
References
TAC-MA2298, TAC-MA2299, NUDOCS 9905070083
Download: ML20206G122 (3)

Text

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o aug bb p k' UNITED STATIES

5 NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. - aaat May 3, 1999 k*****

i Mr. Calvin R. Hastings -

President and CEO Caldon incorporated

! 1070 Banksville Avenue l Pittsburgh, Pennsylvania 15216

SUBJECT:

COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 -

RESPONSE AND FURTHER CLARIFICATIONS TO NRC QUESTIONS FROM

~ THE SEPTEMBER 29,1998, MEETING CONCERNING "!MPROVING

' THERMAL POWER ACCURACY AND PLANT SAFETY WHILE INCREASING THERMAL POWER LEVEL USING THE LEFM SYSTEM" (TAC NOS. MA2298 AND MA2299)

Dear Mr. Hastings:

By your application and affidavit dated December 15,1998 (CAW-98-03), you requested that the document, " Responses and Further Clarificationc to NRC Questions from September 29, 1998 Meeting," 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 l mandatory public disclosure for the following reasons: j (a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by ,

any of Caldon's competitors without license from Caloon constitutes a j competitive economic advantage over other companies, j 1

(b) It consists of supporting data, including test data, relative to a j process (or component, structure, tool, method, etc.), the  !

application of which data secures a competitive economic advantage, e.g., by optimization or improving marketability.

(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, 4 installation, assurance of quality, or licensing a similar product. l 0 '

(d) It reveals cost or price information, production capacities, budget levels, j or commercial strategies of Cakion,its customer or suppliers.  !

(e) It reveals aspects'of past, preacnt or future Caldon or customer funded Ok development plans and programs of potential customer value to Caldon.

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9905070083 990503 PDR ADOCK 05000445 ,

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C. R. Hastings May 3, 1999 (f) It contains patentable ideas, for which patent protection may be desirable.

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 and should be withheld from public disclosure.

Therefore, the version of the submitted information marked as proprietary will be withheld frcm 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 agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future h such inat the information could then be made available for public inspection, you should i 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 informaticn. 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 301-415-1439. l i

Sincerely, 1 ORIGINAL ST0NED BY David H. Jaffe, Fanior Project Manager, Section 1 Project Directorate IV & Decommissioning I Division of Lict.nsing Project Management

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Office of We' ear Reactor Regulation I l

Docket Nos. 50-445 and 50-446 DISTRIB'iTION ACRS l Docket r;ile T.Tjader I l

cc: See next page PUBLIC OGC PDIV-1 Reading K.Brockman,RIV K.Manoly . M.Weston N.Giles  !

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Comanche Peak Steam Electric Station ec:

l Senior Resident Inspector Honorable Dale McPherson '

U.S. Nuclear Regulatory Commission County Judge

' P. O. Box 2159 P. O. Box 851 Glen Rose, TX 76403-2159' Glen Rose, TX 76043 Regiona! Administrator, Region IV Office of the Govemor U.S, Nuclear Regulatory Commission ATTN: John Howard, Director ,

611 Ryan Plaza Drive, Suite 400 Environmental and Natural 1 Arlington,TX 76011 Resources Policy P. O. Box 12428 Mrs. Juanita Ellis, President Austin,TX 78711 Citizens Association for Sound Energy 1426 South Polk Arthur C. Tate, Director Dallas, TX 75224 Division of Compliance & Inspection Bureau of Radiation Control Mr. Roger D. Walker Texas Department of Health TU Electric 1100 West 49th Street ,

' Regulatory Affairs Manager Austin, TX 78756-3189 l P. O. Box 1002 Glen Rose, TX 76043 j

Mr. C. Lance Terry l TU Electric i George L. Edgar, Esq. Group Vice President Nuclear  !

Morgan, Lewis & Bocklus ' Attn; Regulatory Affairs Department 1800 M Street, N.W. P. O. Box 1002 Washington, DC 20036 5869 Glen Rose, TX 76043 Jim Calloway Public Utility Commission of Texas Electric Industry Analysis P. O. Box 13326 Austin, TX 78711-3326

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