ML20206K572

Notifies of Determination That Util CESEC-Code Basedeck Listing Should Be Withheld Per 10CFR2.790(b)(5) & Section 103(b) of Atomic Energy Act of 1954,as Amended,In Response to Util 870323 Request & Supporting Affidavit

ML20206K572
Person / Time
Site:	Fort Calhoun
Issue date:	04/15/1987
From:	Paulson W Office of Nuclear Reactor Regulation
To:	Andrews R OMAHA PUBLIC POWER DISTRICT
References
TAC-63967, NUDOCS 8704160377
Download: ML20206K572 (3)

Text

Docket No. 50-285 Mr. R. L. Andrews Division Manager - Nuclear Production Omaha Public Power District 1623 Harney Street Omaha, Nebraska 68102

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your letter and affidavit dated March 23, 1987, you submitted a document entitled "CESEC III - Code Basedeck Listing," and requested that this document be withheld from public disclosure pursuant to 10 CFR 2.790.

You stated that the submitted information should be considered exempt froire mandatory public disclosure for the following reasons:

1.

The information was obtained from documents which identify this information as being owned by Combustion Engineering, Inc. (CE).

2.

It is the opinion of CE that the information in quesiton contains trade secrets and/or privileged or confidential commercial or financial information.

3.

The CE information was purchased by the District under a proprietary information agreement.

4.

This document has been appropriately designated as proprietary.

5.

This information was obtained by the District from documents fo-which CE has executed affidavits which set forth the bases on which the information may be withheld from public disclosure by the Commission.

We have reviewed your letter and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of the District's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

We have determined that the Omaha Public Power District document, "CESEC III - Code Basedeck Listing," marked as proprietary, should 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.

8704160377 87c415 PDR ADOCK 05000285 P

PDR

.=.

.a

April 15,1987 We, therefore approve your request for withholding pursuant to 10 CFR 2.790 l

and are withholding the document identified above from public inspaction as proprietary.

l Withholding from public inspection shall not affect the right, if any,' of j

persons properly and directly concerned to inspect the document.

If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, insure that the consultants have signed the j

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 should also understand that the NRC may have cause to review this determination in the future, such as if the scope of a Freedom of Information Act request includes your infor=stion.

In all review situations, ii ihe NRC needs additional 4

information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

}

Sincerely, 1

j Walter A. Paulson, Project Manager 1

PWR Project Directorate #8 Division of PWR Licensing-B cc:

See next page 1

DISTRIBUTION j

Docket File w EShomaker i

NRC POR' EJordan j

L PDR BGrimes PBD#8 Rdg JPartlow j

FMiraglia JACalvo j

WPaulson j

PKreutzer Gray File i

h e

1 n

P80#8 G pBe h PD4 /

PKydtter WRa'dison;cf eE omaker JCalvo i

4/g /87 4/p/87 4/ /87 4//f/87 4

r

Mr. R. L. Andrews Fort Calhoun Station Omaha Public Power District Unit No. I cc:

Harry H. Voigt, Esq.

LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Avenue, NW Washington, D.C.

20036 Mr. Jack Jensen, Chairman Washington County Board of Supervisors Blair, Nebraska 68008 Mr. Phillip Harrell, Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 309 Fort Calhoun, Nebraska 68023 Mr. Charles B. Brinkman, Manager Washington Nuclear Operations C-E Power S;: stems 7910 Woodmont Avenue Bethesda, Maryland 20814 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Office of Executive Director for Operations 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Harold Borchert. Director

~

Division of Radiological Health Department of Health 301 Centennial Mall, South P.O. Box 95007 Lincoln, Nebraska 68509 l