ML20207L649

Informs That Util 990111 Response to Request for Addl Info Re Question 4 Will Be Marked as Proprietary & Will Be Withheld from Public Disclosure Pursuant to 10CFR2.709(b)(5) & Section 103(b) of Atomic Energy Act of 1954,as Amended

ML20207L649
Person / Time
Site:	Callaway
Issue date:	03/04/1999
From:	Mel Gray NRC (Affiliation Not Assigned)
To:	Joseph Kelly FRAMATOME
References
NUDOCS 9903180209
Download: ML20207L649 (3)

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UNITED STATES NUCLEAR REGULATORY COMMISSION o g WASHINGTON, D.C. 20555-0001 8 March 4,1999 k .+.

• + ,o Mr. Joseph J. Kelly Manager, B&W Owners Group Services Framatome Technologies, Inc P.O. Box 10935 Lynchburg, Virginia 24506-0935 ,

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSt.d!E -

FRAMATOME TECHNOLOGIES, INC.

Dear Mr. Kelly:

By letter dated January 11,1999, Union Electric Company (UE) responded to a request for additionalinformation from the NRC staff regarding UE's proposed technical specification change to allow the installation of Framatome Ele::trosleeves in the Callaway Plant, Unit 1 steam generators. In their letter, UE responded to four questions from the NRC staff. In their i response to the fourth question concerning structuralloads, UE indicated that Framatome j Technologies, Inc. (FTI) identified a portion of the response to contain information proprietary to - l FTI.  ;

The UE submittal included an affidavit dated January 8,1999, executed by you for FTl, which requested that the portion of the response to Question #4 that contained information considered proprietary by FTI, the owner of the information, be withheld from public disclosure pursuant to 10 CFR 2.790. A lett 3r dated January 29,1999, from Union Electric Company provided an identification sheet that had been omitted from the January 11,1999, letter. A non-proprietary version of the response to Question #4 was included in the UE submittal dated January 11, 1999, for placement in the public document room.

The affidavit stated that information in the response to Question #4 should be considered exempt from mandatory public disclosure for the following reasons:

"b. Thp information reveals oata or material concerning FTl research or development plans or programs of present or potential competitive advantage to FTI.

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e. .The information reveals special aspects of a process, method, component, or the }

like, the exclusive use of which results in a competitive advantage to FTI." 9 J

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 / o\

withheld from public disclosure. g

, Therefore, the version of the response to Question #4 marked proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Sec+%n 103(b) of the Atomic Energy Act of 1954f as amended.

4 e~ e n Y 9903180209 990304 PDR

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ADOCK 05000483 '

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_ a t l Mr. Joseph J. Kelly . -

March 4, 1999 1

Withholding from public inspection shall not affect the rightlif any, of persons properly and -  !

directly concerned to inspect thel 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.

w 1 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 informatlon.' 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 r garding this matter, I may be reached at (301) 415-3021.

Sincerely, Original Signed By, Mel Gray, Project Manager Project Directorate IV-2 '

Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-483 DISTRIBUTION:

- Docket Files -

cc: See next page PUBLIC PDIV-2 Reading JZwolinski WBateman MGray l EPeyton i MPSiemien, OGC ACRS  ;

. LYndell l KBrockman, Region iV 1 TSullivan i

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Document Name: pro 3954.wpd -

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iDATE 2/.22/99 2/l8/99 2/ 23/ 99 "7/2/99 OFFICIAL RECORD COPY l.

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k Mr. Joseph J. Kelly March 4, 1999 l cc:

Professional Nuclear Mr. Otto L. Maynard Consulting, Inc. President and Chief Executive Officer 19041 Raines Drive Wolf Creek Nuclear Operating Corporation Derwood, Maryland 20855 Post Office Box 411 i Burlington, Kansas 66839 l John O'Neill, Esq.

Shaw, Pittman, Potts & Trowbridge Mr. Dan 1. Bolef, President 2300 N. Street, N.W. Kay Drey, Representative  ;

Washington, D.C. 20037 Board of Directors Coalition i for the Environment i Mr. H. D. Bono 6267 Delmar Boulevard Supervising Engineer University City, Missouri 63130 Quality Assurance Regulatory Support Union Electric Company Mr. Lee Fritz Post Office Box 620 Presiding Commissioner Fulton, Missouri 65251 Callaway County Court House 10 East Fifth Street U.S. Nuclear Regulatory Commission Fulton, Missouri 65151 Resident inspector Office 8201 NRC Road Mr. Alan C. Passwater, Manager i Steedman, Missouri 65077-1302 Licensing and Fuels  :

Union Electric Company 1 Mr. J. V. Laux, Manager Post Office Box 66149 l Quality Assurance St. Louis, Missouri 63166-6149 l Union Electric Company  ;

Post Office Box 620 Mr. Garry L. Randolph  !

Fulton, Missouri 65251 Vice President and Chief Nuclear Officer i Union Electric Company j Manager- Electric Department Post Office Box 620 Missouri Public Service Commission Fulton, Missouri 65251

.301 W. High Post Office Box 360 Jefferson City, Missouri 65102 Regional Administrator, Region IV ti.S. Nuclear Regulatory Commission Harris Tower & Pavilion 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 Mr. Ronald A. Kucera, Deputy Director Department of Natural Resources i

P.O. Box 176 l Jefferson City, Missouri 65102 i l' l l l l l i.

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