ML20210P822

Advises That Info Contained in Which Submitted Document,Prepared by Siemens Power Corp,EMF-2168(P) Rev 0, Marked Proprietary,Will Be Withheld from Public Disclosure, Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954

ML20210P822
Person / Time
Site:	Brunswick
Issue date:	08/11/1999
From:	Hansen A NRC (Affiliation Not Assigned)
To:	Curet H SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER
References
NUDOCS 9908130088
Download: ML20210P822 (4)

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UNITED STATE i 4

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• • • • • p August 11, 1999 Mr. H. D. Curet Manager-Product Licensing Siemens Power Corporation 2101 Horn Rapids Road i

P.O. Box 130 Richland, Washington 99352-0130

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (BRUNSWICK STEAM ELECTRIC PLANT, UNIT 2)

Dear Mr. Curet:

By .17|letter dated May 11,1999]], Carolina Power and Light Company (CP&L) submitted a document, prepared by Siemens Power Corporation (SPC), EMF-2168(P) Revision 0,

" Brunswick ATRIUM *-10 Lead Qualification Safety Analysis" dated March 1999. In your affidavit dated March 23,1999, you requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

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

a. The document contains information which is vital to a competitive advantage of SPC and would be helpful to competitors of SPC when competing with SPC.

b. The information contained in the document is considered to be proprietary by SPC because it reveals certain distinguishing aspects of SPC licensing methodology which secure competitive advantage to SPC for fuel design optimization and marketability, and includes information utilized by SPC in its business which affords SPC an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information contained in the document.

c. The disclosure of the proprietary information contained in the document to a competitor would permit the competitor to reduce its expenditure of money and manpower and to improve its competitive position by giving it valuable insights into SPC licensing methodology and would result in substantial harm to the competitive position of SPC.

d. The document contains proprietary information which is held in confidence by SPC and is not available in public sources.

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e. Information in this document provides insight into SPC licensing methodology U

developed by SPC. SPC has invested significant resources in developing the methodology as well as the strategy for this application. Assuming a competitor had y g (O\\

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available the same background data and incentives as SPC, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as SPC.

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 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 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 301-415-1390.

Sincerely, Allen G. Hansen, Project Manager, Section 2 Project Directorate 11 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-324 cc: See next page Licensee Distribution:

Docket File AHansen PUBLIC EDunnington PDil Rdg MPSiemien, OGC HBerkow BBonser, Ril SPeterson

. FILENAME - G:\\PDil-2\\ BRUNSWICK %PPROVE2 wpd OFFICE PM:PDll/S2, __ LA:PDil/S2, SC:PDillS2 D:P M u OGC M C' AHansenhDunningto hbkh H[ Berk MPSierni[

NAME DATE b/ 1 f/// /99 f/ ///99 F il /99 9 / 3 /99 ho Yes/No.

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COPY Yes/No v OFFICIAL RECORD COPY

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,+ available the same background data and incentives as SPC, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as SPC.

i 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 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 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 301-415-1390.

Sincerely, lien G. Hansen, Project Manager, Section 2 Project Directorate ll Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-324 cc: See next page Licensee l

1

.T Brunswick Steam El ctric Plant Carolin3 Pow:r & Light Company Units 1 and 2 cc:

Mr. William D.~ Johnson Ms. Karen E. Long Vice President and Corporate Secretary Assistant Attorney General Carolina Power & Light Company State of North Carolina

' Post Office Box 1551 Post Office Box 629 Raleigh, North Carolina 27602 Raleigh, North Carolina 27602 Mr. Jerry W. Jones, Chairman Mr. Robert P. Gruber l

Brunswick County Board of Commissioners Executive Director Post Office Box 249 Public Staff-NCUC Bolivia, North Carolina 28422 Post Office Box 29520 j

Raleigh, North Carolina 27626-0520 Resident inspector i

U.S. Nuclear Regulatory Commission Director 8470 River Road Site Operations Southport, North Carolina 28461 Brunswick Steam Electric Plant Post Office Box 10429 Mr. John H. O'Neill, Jr.

Southport, North Carolina 28461 Shaw, Pittman, Potts & Trowbridge 2300 N Street, NW.

Washington, DC 20037-1128 Mr. William H. Crowe, Meyor City of Southport 201 East Moore Street i

Southport, North Carolina 28461 Mr. Mel Fry, Director Division of Radiation Protection Mr. Dan E. Summers N.C. Department of Environment Emergency Management Coordinator and Natural Resources New Hanover County Department of 3825 Barrett Dr..

Emergency Management Raleigh, North Carolina 27609-7721 Post Office Box 1525 Wilmington, North Carolina 28402 Mr. J. J. Lyash Plant Manager Mr. Terry C. Morton Carolina Power & Light Company Manager Brunswick Steam Electric Plant Performance Evaluation and Post Office Box 10429 Regulatory Affairs CPB 7 Southport, North Carolina 28461 Carolina Power & Light Company Post Office Box 1551 Public Service Commission Raleigh, North Carolina 27602-1551 State of South Carolina Post Office Drawer 11649 Mr. K. R. Jury Columbia, South Carolina 29211 Manager-Regulatory Affairs Carolina Power & Light Company Mr. J. S. Keenan, Vice President Post Office Box 10429 Brunswick Steam Electric Plant Southport, NC 28461-0429 Carolina Power & Light Company Post Office Box 10429 Southport, North Carolina 28461