ML20211C419

Forwards Proprietary Response to NRC 861217 Request for Addl Info Re Fire Protection & Adequacy of Penetration Seals Functioning as Fire Rated Assemblies.Proprietary Fire Test Repts Also Encl.Encls Withheld (Ref 10CFR2.790)

ML20211C419
Person / Time
Site:	Davis Besse
Issue date:	02/12/1987
From:	Williams J TOLEDO EDISON CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19292G768	List: ML20211C419
References
1352, NUDOCS 8702200092
Download: ML20211C419 (5)

Text

,

TOLEDO l

%m EDISON Docket No. 50-346 JOE WILLIAMS. JR.

Serwr Vos Presdent-Nudear

[419}249-2300 License No. NPF-3 (4191e49 s223 Serial No. 1352 February 12, 1987 United States Nuclear Regulatory Commission Document Control Desk Washington, D. C. 20555 Gentlemen:

In a letter dated December 17, 1986 (Log No. 2166), the NRC transmitted a Request for Additional Information (RAI) regarding fire protection and requested a meeting to discuss these issues. Three items of the RAI addressed the adequacy of the Davis-Besse penetration seals to function as fire rated assemblies. Subsequently, the NRC provided in a letter dated December 31, 1986 (Log No. 2171) its evaluation of the penetration seals fire test reports as submitted by Toledo Edison in a letter dated June 26, 1986 (Serial No. 1267). To resolve the NRC concerns regarding the Davis-Besse penetration seals, representatives of Toledo Edison and the NRC agreed in a telephone conversation on January 15, 1987 to discuss penetra-tion seal adequacy at the upcoming meeting on the Davis-Besse Fire Protection Program on February 17 and 18, 1987.

To support this meeting, Toledo Edison committed to submit responses to the three RAI items regarding penetration seals and additional informa-tion on their qualifications as requested in the NRC December 31, 1986 letter. Enclosure 1 hereto provides the responses to Items 9 (as it relates to conduit seals), 11 and 13 of the RAI. Enclosure 2 includes revised typical fire barrier penetration seal details, fire test summary sheets for each detail, and the applicable qualifying fire test reports for each detail. Toledo Edison's June 26, 1986 submittal provided design details anticipated to represent the existing Davis-Besse penetration seals. However, Toledo Edison has developed the enclosed plant-specific seal design details based on vendor documents and plant visual inspections.

To facilitate your review, Parts 1 and 4 of Enclosure 2 provide cross-references for revised details and fire test reports as compared to those respective items previously submitted by Toledo Edison's June 26, 1986 letter. Consequently, the information contained herein supersedes the information contained in Toledo Edison's June 26, 1986 letter in its entirety.

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Dockat No. 50-346 License No. NPF-3 Serial No. 1352 p- Page 2 The fire test reports included herein are considered proprietary by Brand Industrial Services, Inc. (BISCO) as sworn in the signed affidavit presented in Enclosure 3.- Toledo Edison requests that these documents be treated in an appropriate manner consistent with the-provisions of 10CFR2.790.

Toledo Edison believes.that the enclosed information resolves the NRC concerns regarding the Davis-Besse penetration seals, and welcomes the opportunity to discuss the matter at the upcoming meeting on the Davis-Besse Fire Protection Program.

Very truly yours, t ,

JW:JG: MAL:plf cc: DB-1 NRC Resident Inspector J. G. Keppler, Regional Administrator (2 copies)

lll bisco brand Industrial services, Inc.

AFFIDAVIT OF CLAYTON W. BROWN 1420 renaissance drive park ridge, illinois 60068 (312)298 1200 telex 282482 brand prid My name is Clayton W. Brown. As President of Brand Industrial Services, Inc. (BISCO Construction Group) I am authorized to execute this affidavit in accordance with the regulatory require-ments of 10 CFR Section 2.790 as they pertain to the proprietary nature of documents of this company. I am familiar with the criteria applied by Brand Industrial Services, Inc. to determine whether certain information of Brand Industrial Services, Inc.,

is proprietary and I am responsible for the proper application of these criteria within the BISCO Construction Group.

The following information is provided to demonstrate that the provisions of 10 CFR Section 2.790 of the Commission's regulations have been considered:

(i) The information has been held in confidence by BISCO.

Copies of the document are clearly identified as pro-prietary. In addition, whenever BISCO transmits the information to a customer, customer's agent, potential customer or regulatory agency, the transmittal requests the recipient to hold the information as proprietary.

Also, in order to strictly limit any potential or actual customer's use of proprietary information, the following provision is included in all proposals submitted by BISCO and an applicable version of the proprietary provision is included in all of BISCO contracts:

"THE ENCLOSED BID CONTAINS CONFIDENTIAL INFORMATION AND TRADE SECRETS OF BRAND INDUSTRIAL SERVICES, INC., INCLUDING INFORMATION ABOUT COSTS, PROFITS, MARKETS, SALES PRODUCTS, KEY PERSONNEL, PRICING POLICIES, OPERATIONAL METHODS, AND OTHER INFORMATION NOT READILY AVAILABLE TO THE PUBLIC.

THIS BID IS SUBMITTED UPON THE CONDITION THAT (i) THE INFORMATION CONTAINED THEREIN IS TO BE USED SOLELY FOR THE PURPOSE OF EVALUATING THE BID OR IN CONNECTION WITH ANY CONTRACT THAT MAY BE AWARDED TO DISCO, AND FOR NO OTHER PURPOSE, (ii) THE INFORMATION CONTAINED THEREIN IS NOT DISCLOSED TO ANY PERSONS OTHER THAN EMPLOYEES OF AND (iii) THE BID AND ALL COPIES THEREOF ARE RETURNED TO BISCO IN THE EVENT A CONTRACT IS NOT AWARDED TO BISCO."

(ii) The following criteria are customarily applied by BISCO in a rational decision process to determine whether the information should be classified as proprietary. Infor-mation may be classified as proprietary if one or more of the following criteria are met:

one of the brand companies

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AFFIDAVIT OF CLAYTON W. BRONN Page 2-

a. The information reveals data or material concerning BISCO Research and Development Programs of present or potential competitive advantage to BISCO.

b. The use of the information by a competitor would de-crease his expenditures, in time or resources, in designing, producing or marketing a similar product.

c. The information consists of test data or other similar' data concerning a process, method or component, the application of which results in a competitive advantage to BISCO.

d. The information reveals special aspects of a process, method, component or the like, the exclusive use of which results in a competitive advantage to BISCO.

The documents listed on Exhibit A, which is attached, have been reviewed with respect to those criteria previously described and found to contain information which falls within that criteria.

(iii) The documents listed in Exhibit A, which have been made available to the United States Nuclear Regulatory Commission were made'available in confidence with a request that the documents and the information contained therein be withheld l from public disclosure.

, (iv) The information is not available in open literature and to the best of our knowledge is not known by our competitors.

(v) Criteria b, c, and d, are applicable to the documents listed in Exhibit A. Thus, public disclosure of these designs and test reports is likely to cause harm to the

, competitive position of BISCO, taking into account the l

value of the information to BISCO; the amount of effort'or i money expended by BISCO in developing the information; and

! the ease or difficulty with which the information could be i properly duplicated by others.

i l- I have personally reviewed the documents listed on Exhibit A and l

have found that they contain information which is customarily held 1 in confidence and is protected as proprietary information by Brand Industrial Services, Inc.

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Clayt'on W. Brown f

r AFFIDAVIT OF CLAYTON W. BROWN Page 3 Clayton W. Brown, being duly sworn, on his oath disposes and states that he is the person who subscribed his name to the foregoing statement, and that the matters and facts set forth in the statement are true.

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' Clayfon W. Br69n' Subscribed and sworn before me this 4e day ofg m e .. , 1987

A O n . i w i 2 Lo Linda Ciurylo,- NotaPy Public My commission expires .

biM03 f iratica # Data Sept 20,1937

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