ML20207L605

Advises That Version of Info Re Topical Rept ER-80P, Improving Thermal Power Accuracy & Plant Safety While Increasing Operating Power Level Using LEFM Sys, Will Be Withheld Per 10CFR2.790(b)(5) & Section 103(b) of AEC

ML20207L605
Person / Time
Site:	Comanche Peak
Issue date:	03/09/1999
From:	Polich T NRC (Affiliation Not Assigned)
To:	Terry C TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
References
TAC-MA2298, TAC-MA2299, NUDOCS 9903180196
Download: ML20207L605 (4)

Text

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-:* NUCLEAR REGULATORY COMMISSION WAsHINeToN, D.C. seesHopt

• • • • • Marhch 9, 1999 Mr. C. Lance Terry TU Electric Senior Vice President & Principal Nuclear Officer Attn: Regulatory Affairs Department P. O. Box 1002 Glen Rose, TX 76043

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 (TAC NOS. MA2298 AND MA2299)

Dear Mr. Terry:

By TU Electric's application dated July 17,1998, and Caldon Inc.'s affidavit (CAW-98-01) dated July 16,1998, executed by Calvin R. Hastings, TU Electric submitted topical report ER-80P,

" improving Thermal Power Accuracy and Plant Safety While Increasing Operating Power Level Using the LEFM System," and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version was submitted for placement in the Nuclear Regulatory Commission (NRC) public document room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1. 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 Caldon constitutes a competitive economic advantage over other companies.

2 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., oy optimization or improved marketability.

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3. Its use by a competitor would reduce his expenditure of resources or improve his competitive position In the design, manufacture, shipment, installation, assurance of e/

i quality, or licensing a similar product.

~4. It reveals cost or price information, production capacities, budget levels, or commercial strategies of Caldon, its customer or suppliers.

5. It reveals aspects of past, present or future Caldon or customer funded development plans and programs of potential customer value to Caldon.

6. It contains patentable ideas, for which patent protection may be desirable.

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C. Lance Terry i We have reviewed your application and the material in accordance with the requirements of f 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 l withheld from public disclosure.

Therefore, the version of the submitted information concoming Topical Report ER-80P,  !

" improving Thermal Power Accuracy and Plant Safety While Increasing Operating Power Level  !

Using the LEFM System," 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 1 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 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.

If you have any questions regarding this matter, I may be reached at 301-415-1038.

Sincerely, A

Timothy J. Poich, Project Manager i Project Directorate IV-1 1 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 1 cc: See next page l

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p C. Lance Terry 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 concerning Topical Report ER-80P,

" Improving Thermal Power Accuracy and Plant Safety While Increasing Operating Power Level

~ Using the LEFM System," 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 property 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 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. 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 301-415-1038.

Sincerely, ORIGINAL SIGNED BY:

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Timothy J. Polich, Project Manager l Project Directorate IV-1 l Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446  ;

l cc: See next page DISTRIBUTION:

Docket File MPSiemien PUBLIC PDIV-1 r/f TPolich (2)

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. HICB Document Name: G:\CPFINAL\PLMA2298.WPD / t OFC PM/ PDM \ / PM/PD4-1 LA/PD_4-1 EC/HICB OGCk PQ -1 4 NAME MGambh b TPolich N Ches MPSiemien Jka bn DATE $/C /99 S /i /99 5/f/99 3 /f/99 7/ b/99 99 COPY hO YES/NO YES/NO YES/NO [YkS/NO

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Mr. C. Lance Terry TU Electric Company Comanche Peak, Units 1 and 2 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 I Regional 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 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 i 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 Washington, DC 20036-5869 Calvin R. Hastings President and CEO l Caldon, incorporated I 1070 Banksville Avenue Pittsburgh, PA 15216 i

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