ML20207L571

Informs That Info Submitted with 990203 Application Marked as Proprietary Will Be Withheld from Public Disclosure Per 10CFR.790 & Section 103(b) of Atomic Energy Act of 1954,as Amended

ML20207L571
Person / Time
Site:	Nine Mile Point
Issue date:	03/04/1999
From:	Hood D NRC (Affiliation Not Assigned)
To:	Mueller J NIAGARA MOHAWK POWER CORP.
References
NUDOCS 9903180187
Download: ML20207L571 (5)

Text

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• NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066-0001 ]

% Hirch 4,1999 i Mr. John H. Mueller Chief Nuclear Officer i Niagara Mohawk Power Corporation l Nine Mile Point Nuclear Station Operations Building, Second Floor P. O. Box 63 j Lycoming, NY 13093 i

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -

NINE MILE POINT NUCLEAR STATION, UNIT NO.1 Dear Mr. Mueller '

By your application dated February 3,1999 and affidavit dated January fi,1999, executed by William R. Schmidt of MPR Associates you submitted *Nine Mile Point Unit No.1 (NMP1) Core Shroud Vertical Weld Repair Design Report" and requested that it be withheld from public ,

disclosure pursuant to 10 CFR 2.790. A nonproprietary version was submitted for placement )

in the NRC public document room.

The affidavit stated that the subW.ed information should be considered exempt from mandatory public disclosure forine following reasons:

1. The information sought to be withheld from public disclosure has been held in confidence by MPR Associates.

2. The information is of a type customarily held in confidence by MPR Associates and not customarily disclosed to the public. MPR Associates has a rational basis for determining the types of information customar:ly held in confidence by it, and in that connection utilizes a system to de'. ermine when and whether to hold certain types of information in confidence. This tystem was applied in determining that the subject document herein is proprietary.

3. The information will be transmitted to the Commission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence by the Commission. i

4. The information, to N ".c it of my knowledge and belief, is not available in public 0 sources. / \

5. Public disclosure of the information is likely to cause substantial harm to the l competitive position of MPR Associates because: )

a. The development of the information required a considerable amount of time and i expense by MPR Associates. l P

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b. For a competitor to develop the same information would require a similar or greater amount of time and expense.

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c. In pricing MPA Associates products and services, significant research, development, vngineering, analytical, manufacturing, quality assurance and other costs and exf enses must be included. The ability of MPR Associates' competitors to utilize suct information without similar expenditure of resources may enable them to sell at prio ns reflecting significantly lower costs.

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.

Therefore, the version (s) of the submitted information marked as 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 inspection shall not affect the right, if any, of persons properly and directly concemed 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 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 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.

If you have any questims regarding this matter, I may be reached at 301-415-3049.

Sincerely,  ;

i Darl S. Hood, Senior Project Manager Project Directorate 1-1 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-210 cc See next'page

p ,. e, Phn:h 4,1999 *  ;

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b. -

For o competitor ta dsyslop tha sima informttion would rtquiro a simitrr er '

great:r cmount of time and expense. '

4

c. -

In pricing MPR Associates products and services, significant research,  ;

1.

development, engineering, analytical, manufacturing, quality assurance and 4

l other costs and expenses must be included. The ability of MPR Associates' competitors to utilize such information without similar expenditure of resources ~

1 may enable them to sell at prices reflecting significantly lower costs.

We have reviewed your application and the material ln accordance with the requirements of j

' 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted I information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

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Therefore, the version (s) of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic 4

Energy Act of 1954, as amended I

i Withholding from public inspection shall not affect the right, if any, of persons properiy and

' directly concemed to ir.Spect the documents. If the need arises, we may send copies of this i information to our consultants working in this area. We will, of course, ensure that the j

consultants have signed the appropriate agreements for handling proprietary information.

4 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 '

j promptly notify the NRC. You also should understand that the NRC may have cause to review 4 this determination in the future, for example, if the scope of a Freedom of Information Act 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.

If you have any ' questions regarding this matter, I may be teached at 301-415-3049.

• Sincerely, Original signed by:

a i

i Dari S. Hood, Senior Project Manager Project Directorate t-1 Division of Licensing Project Management j

Office of Nuclear Reactor Regulation i

Docket No. 50-210 i

cc: Gee next page DISTRIBUTION:

, Docket File S. Bajwa M. P. Siemien, OGC j PUBLIC S. Little A. Blough, Region I

! PDI-1 R/F D. Hood

] J. Zwolinski K. Manoly DOCUMENTNAME: G:\NMP1\ APPROVE 2.WPD i is receive a copy of this doew ent, indicate in the box: "c" = copy without attachment / enclosure j attachment /enetosure "u" = No cow "E" = Copy with

_A 4 0FFICE P4:PDI 1 l LA:PDid}V l D:PDI 1 dd/yl l l NAfE DJtood:tec . D J U SLitt C BC:MEB(A) OGC Mt SBelus // M Kmanoty /7 MPstemien tW j DATE- 02M t#99 02/ M /99 01/ h /99 024 5 /99 dlik M99 OFFICIAL lit ECORD COPY ' '

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. . ltrth 4,1999 ' l

b. For o competitor to d:vilop the sims inform tion would r:quira a simitir er greater amount of time and expense.

]

c.

In pricing MPR Associates products and services, significant research, development, engineering, analytical, manufacturing, quality assurance and other costs and expenses must be included. The ability of MPR Associates' competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

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 commercialinformation and should be withheld from public disclosure.

1 Therefore, the version (s) of the submitted information marked as 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 inspection shall not affect the right, if any, of persons properly and directly concemed to inspect the documents. If the need arises, we may send copies of this l 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 I 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 futura, 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 l adverse to the above, you will be notified in advance of any public disclosure. i if you have any questions regarding this matter, I may be reached at 301-415-3049.

Sincerely, Original signed by:

Darl S. Hood, Senior Project Manager Project Directorate I-1 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-210 cc: See next page

. DISTRIBUTION:

Docket File S. Bajwa M. P. Siemien, OGC PUBLIC S. Little A. Blough, Region l l PDI-1 R/F D. Hood J. Zwolinski K. Manoly l COCUMENT NAME: G:\NMP1\APPRO"52.WPD Ts rec:lve a copy of this docuuent, in11cate a a %: "C" = copy without attachment /enetosure 8'E" = copy with

, rttachment/ enclosure aw" = ho cow 0FFICE PM:PDI 1 ] LA:PDI-d k/" bDI-1 gj/yl l BC:MEB(A) l OGC 4 .lC NAME DNood tec . D d [) Slitt C SBajwa // '/% KManaly 8/ MPSlemjen %I M DATE 02/1 @ 99 02/43/99 (t/ /J /99 02M /99 OR 4/99

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i OFFICl4L RECORD COPY '

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John H. Mueller Nine Mile Point Nuclear Station '

Niagara Mohawk Power Corporation Unit No.1 l t

cc: '

2 Regional Administrator, Region I U.S. Nuclear Regulatory Commission - )

475 A!!endale Road King of Prussia, PA 19406 Resident inspector  !

U.S. Nuclear Regulatory Commission P.O. Box 126 Lycoming, NY 13093 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Mr. Paul D. Eddy State of New York Department of Public Service Power Division, System Operations 3 Empire State Plaza Albany, NY 12223 Mr. F. William Valentino, President New York State Energy, Research, ,

and Development Authority Corporate Plaza West 286 Washington Avenue Extension -

i Albany, NY 12203-6399 Mark J. Wetterhahn, Esquire Winston & Strawn 1400 L Street, NW Weshington, DC 20005-3502 i Gary D. Wilson, Esquire -

Niagara Mohawk Power Corporation 300 Erie Boulevard West Synicuse, NY 13202 Supervisor Town of Scriba j

Routa 8, Box 382 l Oswego, NY 13126 l l