ML20217M757

Advises That Attachment 1 to ,Marked as Proprietary,Re Safety Limit MCPR & Fuel Vendor Change Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5)

ML20217M757
Person / Time
Site:	Hope Creek
Issue date:	10/22/1999
From:	Richard Ennis NRC (Affiliation Not Assigned)
To:	Keiser H Public Service Enterprise Group
References
NUDOCS 9910280025
Download: ML20217M757 (4)

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1 UNITED STATES L

~ ;g Ij NUCLEAR REGULATORY COMMISSION l

t WASHINGTON, D.C. 20555 4101 8

g%...,o 0:. aber 22, 1999

Mr. Harold W. Keiser Chief Nuclear Officer & President -

Nuclear Business Unit Public Service Electric & Gas Company..

Post Office Box 236 -,

Hancocks Bridge, NJ '08038

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, HOPE CREEK GENERATING STATION - SAFETY LIMIT MINIMUM CRITICAL,

POWER RATIO AND FUEL VENDOR CHANGE (TAC NO. MA6771)

Dear Mr. Keiser:

By Public Service Electric and Gas Company's (PSE&G) letter (LR-N99429) dated September 30,1999, and ABB Combustion Engineering Nuclear Pcwer, Inc.'s (ABB CENP) affidavit executed by T. Rodack, dated September 28,1999, (Attachment 4 to letter LR-N99429), you submitted the basis for PSE&G's License Change Request H99-09 associated

' with the Hope Creek Generating Station Safety Limit Minimum Critical Power Ratio and Fuel Vendor Change, (Attachment 1 to letter LR-N99423), and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary. version (Attachment 5 to letter LR-N99429) was submitted for placement in the NRC public document room.

ABB CENP stated that the submitted information should be considered exempt from mandatory

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public disclosure for the following reasons:

a.

A similar product is manufactured and sold by major competitors of ABB CENP.

3 b.

Development of this information by ABB CENP required tens of thousands of dollars and hundreds of manhourt of effort. A competitor would have to undergo similar expense in generating equivalent information.

c.

In order to acquire such information, a competitor would also require considerable time and inconvenience to develop informatior, regarding Safety Limits and analysis methodology of ABB CENP fuel.

d.

The information consists of Safety Limits and analysis methodology, the application of which provides a competitive economic advantage. The availability of such

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information to competitors would enable them to modify their product to better

{ g compete with ABB CENP, take marketing or other actions to improve their product's position or impair the position of ABB CENP's product, and avoid developing similar data and analyses in support of their processes, methods or

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260060 9910290025 991022 PDR ADOCK 05000354

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H. Kefcer l l

In pricino ABB CENP's products and services, significant research, development, e.

engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included. The ability of ABB CENP's competitors to utilize l

such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

L f.

Use of the information by competitors in the intemational marketplace would j

increase their ability to market nuclear ste~n supply systems, nuclear fuel, analyses or other support services by reduung the costs associated with e

technology development. In addition, disclosure would have an adverse economic impact on ABB CENP's potential for obtaining or maintaining foreign licensees.

We have reviewed your submittal and the materialin accordance with the requirements of i

10 CFR 2.790 and, on the basis of ABB CENP's matements, have determined that the information in Attachment 1 to letter LR N994z9 contains proprietary commercialinformation.

Therefore, Attachment 1 to your letter LR-N99420, dated September 30,1999, 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.

1-Withholding from public inspection shall not affect the right, if any, of persons properly and j

directly concemed to inspect th'e documents. If the need arises, we may send copies of this l

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, please contact me at (301) 415-1420.

Sincerely,

-P a

Richard B. Ennis, Project Manager, Section 2 Project Directorate l Division of Licensing Project Management f

Office of Nuclear Reactor Regulation Docket Nc. 50-354 cc: See next page

Hope Creek Geneiating Station cc:

Jeff rie 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 l

Drawer 0509 Board of Regulatory Commissioners Hancocks Bridge, NJ 08038 2 Gateway Center, Tenth Floor Newark, NJ 07102 Mr. Louis Storz Sr. Vice President.- Nuclear Operations Lcwer Alloways Creek Township Nuclear Department c/o Mary O. Henderson, Clerk P.O. Box 236 Municipal Building, P.O. Box 157 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 General Manager - Hope Creek Operations Mr. Elbert Simpson Hope Creek Generatir s Station Senior Vice President-P.O. Box 236 Nuclear Engineering Hancocks Bridge, NJ 08038 Nuclear Department P.O. Box 236 Director-Licensing Regulation & Fuels Hancocks Bridge, NJ 08038 Nuclear Business Unit - N21

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P.O. Box 236 Hancocks Bridge, NJ 08038 Regional Administrator, Region l l

U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 I

Dr. Jill Lipoti, Asst. Director i

Radiation Protection Programs NJ Department of Environmental Protection and Energy i

CN 415 l

Trenton, NJ 08625-0415 1

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In pricing ABB CENP's products and services, significant research, development,

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engineering, analytical, manufacturing, licensing, quality assurance and other costs i

and expenses must be included.' The ability of ABB CENP's competitors to utilize 1

such information withnut similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

f.

Use'of the information by competitors in the intemational marketplace would increase their ability to market nuclear steam supply systems, nuclear fuel, analyses or other support services by reducing the costs associated with technology development. In addition, disclosure would have an adverse economic impact on ABB CENP's potential for obtaining or maintaining foreign licensees.

. We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2 790 and, on the basis of ABB CENP's statements, have determined that the information in Attachment 1 to letter LR-N99429 contains proprietary commercial information.

Therefore, Attachment 1 to your letter LR-N99429, dated September 30,1999, 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 pub lic 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.

l If the basis for withholding this information fram public inspection should change in the future such that the information could then be me available for public inspection, you should promptly notify the NRC. You also should understand that the NRG may have cause to review this determination in the future, for excmple,if the scope of a Freedom of information Act J

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.

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If you have any questions, please contact me at (301) 415-1420.

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l Sincerely, Original signed by:

l Richard B. Ennis, Project Manager, Section 2 Project Directorate I i

Division of Licensing Project Management l

Office of Nuclear Reactor Regulation Docket No. 50-354 cc: See next page DISTRIBUTION Docket File JClifford GMeyer, RGN-l PUBLIC TClark JWermiel PDI 2 Reading REnnis EAdensam (EGA1)

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