ML20212C433

Responds to Request for Withholding Info from Public Disclosure Re Safety Limit Minimum Critical Power Ratio for Hope Creek Per 10CFR2.2.790(a)(4).Matl in Accordance with 10CFR2.790 & on Basis of Statements Will Be Withheld

ML20212C433
Person / Time
Site:	Hope Creek
Issue date:	10/17/1997
From:	Jaffe D NRC (Affiliation Not Assigned)
To:	Eliason L Public Service Enterprise Group
References
TAC-M98309, NUDOCS 9710290228
Download: ML20212C433 (4)

Text

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e NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30666 4 001

%, e . * * * # October 17, 1997 Mr. Leon R. Eliason Chief Nuclear Officer & President- ,

I Nuclear Business Unit Public Service Electric & Gas Company Post Office Box 236 Hancocks Bridge, NJ OB03B

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, HOPE CREEK GENERATING STATION (HCGS) - SAFETY LIMIT MINIMUM CRITICAL POWER RATIO (SLHCPR) TECHNICAL SPECIFICATIONS (TAC NO. M98309)

Dear Mr. Eliason:

By your letters dated July 16, 1997 ('R-N97433), and August 26, 1997 .

(LR-N97528), and General Electric Company's (GE) affidavits dated July 7 and September 2,1997, respectively, executed by Ralph J. Reda, you submitted supplements to the application for license amendment concerning the HCGS SLMCPR Technical Specifications dated March 31, 1997. Based upon subsequent conversations with the NRC staff, the July 16 and August 26, 1997, supplements were resubmitted by letter dated October 3,1997, with a GE affidavit dated September 23, 1997, executed by Mr. Reda. The resubmittal was sought by the NRC staff in order to improve the identification of the proprietary information that was the subject of the requests for withholding. The GE affidas4t dated September 23, 1997, which supersedes the affidavits dated July 7 and September 2, 1997, indicates that the pro)rietary information that is being sought to be withheld is contained in Attac1 ment 2 of the October 3, 1997, letter from the licensee, is identified by brackets in the text, is of a proprietary nature to GE and requests that it be withheld from public disclosure pursuant to 10 CFR 2.790. Attachment 3 of the October 3,1997, letter contains a non-proprietary version of the material presented in Attachment 2.

GE stated that the submitted information should be considered exempt from /

mandatory public disclosure per 10 CFR Part 2, Section 2.790(a)(4) in that the 6 information involves trade secrets and commercial or financial information as follows:

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(a) Information tnat discloses a supporting data and analyses, where process, method, of prevention or itsapparatus, including use by General Electric's competitors without license from General Electric constitutes a concetitive economic advantage over other companies.

(b) Information which, if used by a competitor, would reduce [the]

expenditure of resources or improve Lthe] competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

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9710290228 971017

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L. Eliason October 17, 1997

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l (c) The information identified in-[the attachments to the July 16, 1997, i letter) is classified as proprietary because it would provide other parties, including competitors, with information related to detailed  !

results of analytical models, methods and processes, including computer i codes, which GE has developed, requested NRC approval of, and applied to perform evaluations of the BWR. The development of the evaluation process along with the interpretation and application of the analytical i results is derived from the extensive experience database that constitutes a major GE asset.

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 and GE's i'

affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information.

Therefore, Attachment I to the July 16, 1997, letter, marked as proprietary,

' will be withheld from pubile 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 rat 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 I

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 l determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, j

i David H. Jaffe, Senior Project Manager Project Directorate I-2 Division of Reactor Projects - I/II 4

Office of Nuclear Reactor Regulation l Docket No. 50-354 cc: ' See next page D STRlBUTION

4!MelkJA]gy TColHns PUBLIC DJaffe PDI-2 Reading M0'Brien BBoger MPSiemien-(E-Mail)

JStolz JLinville, RGN-I /AQ h 0FFICE PDI-2/fMrCY PDid/(h '

NI OGC .M PDI-2/D NAME DJaffe [ M0f kh d#fo'ilins MPSiekien JStolz DATE  %/$]/97 M /97 /0////97 h/ h7 0 [) /97 0FFICIAL RECORD COPY j' ,g\ '

DOCUMENT NAME: HC98309. GEN

L. Eliason October 17, 1997

-- - 4 (c) The information identified in 1;the attachments to the July 16, 1997, '

letter) is classified as propr1etary because it would provide other parties, including competitors, with information related to detailed results of analytical models, methods and processes, including computer codes, which GE has developed, requested NRC approval of, and applied to perform evaluations of the BWR. The development of the evaluation t

process along with the interpretation and application of the analytical t

results is derived from the extensive experience database that constitutes-a major GE asset. .

l-

-We have_ reviewed your application and the material in accordance with the l

I requirements of 10 CFR 2.790 and, on the basis of your statements and GE's affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial-information.

Therefore, Attachment I to the July 16, 1997- letter, 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 tiom public inspect % 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 ar,ea. We will, of- courso, 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 determin1ttion 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.

S cpely, s -

av H JafW, Senic Project Manager Projec Directorate I-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Docket No. 50-354 cc: See next page

Mr. Leon R. Eliason Hope Creek Generating Station Public Service Electric & Gas Company

(

cc:

Jeffrie J. Keenan, Esquire Manager - Joint Generation Nuclear Business Unit - N21 Atlantic Energy P.O. Box 236 6801 Black Horse Pike -

Hancocks Bridge, NJ 08038 Egg Harbor Twp., NJ 08234-4130 ,

, Hope Creek Resident Inspector Richard Hartung

U.S. Nuclear Regulatory Commission Electric Service Evaluation Drawer 0509 Board of Regulatory Commissioners Hancocks Bridge, NJ 08038 2 Gateway Center, Tenth Floor Newark, NJ -07102 Mr. Louis Storz ,

4 Sr. Vice President - Nuclear Operations Lower Alloways Creek Towr4 hip Nuclear Department c/o Mary 0. Hendarson, Clerk 1

3

'?.0, Box 236 Municipal Building, P 0. Box 157 Hancocks Bridge, NJ 08038 Hancocks Bridgr, NJ 08038

-General Manager - Hope Creek Operations Mr. Elbert SimPson Hope Creek Generating Station Senior Vice Oresidant-P.O. Box 236 Nuclear Engioneti ng Hancocks Bridge, NJ 08038 Nuclear Department-P.O. Box 236 Manager - Licensing and Regulation Hancocks Briseis 'd 03038 Nuclear Business Unit - N21 P.O. Box 236 Hancocks Bridge, NJ 08038 Regional Administrator, Region I i U.S. Nuclear Regulatory Commission 475 Allendale Road ,

King of Prussia, PA 19406 Dr. Jill Lipoti, Asst. Director Radiation Protection Programs NJ Department of Environmental Protection and Energy CN 415 Trenton, NJ 08625-0415 l

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