ML20207D701
| ML20207D701 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 05/27/1999 |
| From: | Jaffe D NRC (Affiliation Not Assigned) |
| To: | Hastings C AFFILIATION NOT ASSIGNED |
| References | |
| TAC-MA4436, TAC-MA4437, NUDOCS 9906040058 | |
| Download: ML20207D701 (3) | |
Text
l ON m car UNITED STATES p
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j NUCLEAR REGULATORY COMMISSION wAswiwoTow, o.c. sones onoi j
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May 27, 1999 i
Mr. Calvin R. Hastings President and CEO Caldon, Inc.
1070 Banksville Avenue Pittsburgh, PA 15216
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR COMANCHE PEAK STEAM ELECTRIC CTATION, UNITS 1 AND 2 (TAC NOS. MA4436 AND MA4437)
I
Dear Mr. Hastings:
By your application and affidavit (CAW-99-01) dated May 11,1999, you requested that certain information contained in the TU Electric's May 14,1999, submittal (TXX-99115), regarding j
License Amendment Request 98-010, be withheld from public disclosure pursuant to 10 CFR j
2.790. A nonproprietary version was submitted for placement in the Nuclear Regulatory Commission's (NRC's) public document room.
i The affidavit stated that the submitted information should be considered exempt from j
mandatory public disclosure for the following reasons:
)
(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by i
any of Caldon's competitors without license from Caldon constitutes a competitive economic advantage over other companies.
(b)
It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or
'mproved marketability.
(c)
Its use 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 a similar product.
)
(d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Caldon, its customer or suppliers.
(e) It reveals aspects of past, present or future Caldon or customer funded i
development plans and programs of potential customer value to Caldon.
(f)
It contains patentable ideas, for which patent protection may be desirable.
We have reviewed your application and the materialin 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.
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C. R. Hastings - -
May 27, 1999 Therefore, the proprietary version of the submitted information contained in TXX-99115, 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 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 ch'ange 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. /n all review situations, if the NRC makes a determination adverse to the above, you will be nedfied in advance of any public disclosure.
- If you have any questions regarding tais matter, I may be reached at 301-415-1439.
Sincerely, ORIGINAL SIGNED BY David H. Jaffe, Senior Project Man 0ger, Section 1 Project Directorate IV & Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: See next page DISTRIBUTION:
Docket File PUBLIC PD#4-1 Reading
' M. P. Siemien, OGC K. Brockman, RIV S. Richards DOCUMENT NAME: G:\\PDIV-1\\ComanchePeak\\ltr4436.wpd To receive a cop r of WWs document, indicate M the bor C= Copy w/o attachment / enclosure E-Copy with auchment/ enclosure N e #40 copy N
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'4 Comanche Peak Steam Electric Plant oc:
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 Regional Administrator, Region IV Office of the Governor U.S. Nuclear Regulatory Commission ATTN: John Howard, Director 611 Ryan Plaza Drive, Suite 400 Environmental and Natural 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 Regulatory Affairs Manager 1100 West 49th Street TU Electric Austin, TX 78756-3189 P. O. Box 1002 Glen Rose, TX 76043 Jim Calloway Public Utility Commission of Texas George L. Edgar, Esq.
Electric Industry Analysis Morgan, Lewis & Bockius P. O. Box 13326 1800 M Street, N.W.
' Austin, TX 78711-3326 l
Washington, DC 20036-5869 Mr. C. Lance Terry Senior Vice President
& Principal Nuclear Officer TU Electric Attn: Regulatory Affairs Department P. O. Box '902 Glen Ross, TX 76043 l
usy sees
.