ML20215G297
| ML20215G297 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 06/17/1987 |
| From: | De Agazio A Office of Nuclear Reactor Regulation |
| To: | Shelton D TOLEDO EDISON CO. |
| References | |
| D-B-87-002, D-B-87-2, TAC-61923, NUDOCS 8706230204 | |
| Download: ML20215G297 (4) | |
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Q[f jg UNITED STATES
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NUCLEAR REGULATORY COMMISSION l
WASHINGTON, D. C. 20555 9
5 I
June 17,1987 Docket No. 50-346 Serial No. D-B 87-002 Mr. D. C. Shelton Vice President, Nuclear Toledo Edison Company i
Edison Plaza - Stop 712 j
300 Madison Avenue Toledo, Ohio 43652
Dear Mr. Shelton:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. 61923)
By letter dated February 12, 1987 (No. 1352), Toledo Edison submitted a response to our request for additional information which included certain fire test reports in Enclosure 2, Part 5.
Your letter states that these test reports are considered proprietary by Brand Industrial Services, Inc. (BISCO) and requested that the information be withheld from public disclosure pursuant to 10 CFR 2.790.
Also, included was an affidavit sworn to by Clayton W. Brown identifying the procedures and criteria used to determine if the material should be classified as proprietary.
The affidavit provides that the submitted infori.,ation should be considered exempt from mandatory public disclosure for the following reasons:
1 (1) The information has been held in confidence by BISCO.
Copies of the document are clearly identified as proprietary.
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, operationcl methods, and other information not readily available to the public.
This bid is submitted upon the condition 7
that (i) the information contained therein is to be used solely for i
the purpose of evaluating the bid or in connection with any contract that may be awarded to BISCO, and for no other purpose, (ii) the information contained therein is not disclosed to any persons other j
than employees of (SIC) and (iii) the bid and all copies thereof are returned to BISCO in the event a contract is not awarded to BISCO.
t 8706230204 870617 R
ADOCK 05000346 PDR
W June 17,1987 2
(2) The ase of the'information by'a competitor would decrease his expenoitures, in. time or resources,-in designing, producing, or marketing a similar product.
(3) The information consists of test data or other similar data concerning a procchs, method or component, the application of which results in a competitive advantage to BISCO.
(4) 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.
(5) The information is not available in open literature, and to'the best of BISCO's knowledge is not known by current or potential domestic or foreign i
competitors of BISCO.
We have reviewed your application and the' material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of BISCO statements, have determined that the submitted information sought to be withheld contains trade
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secrets or-proprietary commercial information.
Therefore, Part 5.of Enclosure
'2 to your February 12, 1987 letter, consisting of the following test reports-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:
Identifier Title 748-14 Metal clad Fire Wall Penetration Barrier Fire Testing 748-41 Fire Test Configurations for a three-hour rated fire seal utilizing BISCO SF-20 silicone foam (Dow Corning 3-6548) 748-42 Fire Test Configurations for three-hour rated fire seal utilizing SF-150NH 748-57 Fire Test Configurations for a three-hour rated fire seal utilizing SF-150NH 748-64 Fire Test using BISCO SF-20 in both 6" diameter conduit and 6" diameter PVC duct configurations 748-79 Embedded conduit sleeves 748-112 Fire Test of BISCO flexible boot configuration in order to qualify SGR-600 boot material 748-130' Fire Test of BISCO flexible boot configuration in order to qualify:
1.
large encapsulated pipe hangers 2.
seals installed in PVC sleeves
4
-Mr. Donald C.-Shelton Davis-Besse Nuclear Power Station Toledo Edison Company Unit No. 1 cc:
Donald H. Hauser, Esq.
The Cleveland Electric Radiological Health. Program Illuminating Company.
Ohio Department of Health P. O. Box 5000 1224 Kinnear Road Cleveland, Ohio 44101 Columbus, Ohio 43212 Mr. Robert F. Peters Attorney General Manager, Nuclear' Licensing Department of Attorney Toledo Edison Company General Edison Plaza 30 East Broad Street.
300 Madison Avenue Columbus,-Ohio 43215 Toledo, Ohio 43652 Mr. James W. Harris, Director Gerald Charnoff, Esq.
(Addressee Only)
Shaw, Pittman, Potts Division of Power Generation and Trowbridge Ohio Department of Industrial Relations 2300 N Street N.W.
2323 West 5th Avenue Washington. D.C. 20037 P. O. Box 825 Columbus, Ohio 43216 Mr. Paul M. Smart, President Toledo Edison Company Ohio Environmental Protection Agency 300 Madison Avenue 361 East Broad Street Toledo, Ohio 43652 Columbus, Ohio 43266-0558 Mr. Robert B. Borsum President, Board of 1
Babcock & Wilcox County Commissioners of Nuclear Power Generation Ottawa County Division
. Port Clinton, Ohio 43452 i
Suite 200, 7910 Woodmont Avenue Bethesda, Maryland 20814 State of Ohio Public Utilities Commission Resident Inspector 180 East Groad Street U.S. Nuclear Regulatory Commission Columbus, Ohio 43266-0573 5503 N. State Route 2 Oak Harbor, Ohio 43449 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 799 Roosevelt Road Glen Ellyn, Illinois 60137 i
O II 3
-748-134 BISCO product' equivalency Fire Test utilizing BISCO SF-20 and BISCO SE-Foam-1042-01 Qualification, fire and hose stream tests 4835-04-1 Three-hour fire exposure equivalency test of BISCO SF-20 four component silicone foam and Dow Corning Corporation 3-6548 silicone foam 1
I 148-178 Fire Test utilizing a composite seal of BISCO SF-150NH and flexible fire boot 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 should also understand that the NRC may have cause to review this determination in the future, such as, 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.
Sincerely, AJ/'
Albert W. De Agazio, Project-Manager i
Project Directorate III-I Division of Reactor Projects.- III, IV, V
& Special Projects cc:
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