ML20236T529

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Informs That Matl Submitted in & Info Handed Out in Public Meeting of 980625 Will Be Withheld from Public Disclosure Pursuant to 10CFR2.790(b)(5) & Section 103(b) of Atomic Energy Act of 1954,as Amended
ML20236T529
Person / Time
Site: Perry FirstEnergy icon.png
Issue date: 07/24/1998
From: Pickett D
NRC (Affiliation Not Assigned)
To: Myers L
CENTERIOR ENERGY
References
TAC-M96162, NUDOCS 9807280241
Download: ML20236T529 (6)


Text

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NUCLEAR REGULATORY COMMISSION l

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l July 24, 1998 l

Mr. Lew W. Myers Vice President - Nuclear, Perry Centerior Service Company P.O. Box 97, A200 Perry, OH 44081

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

- PERRY NUCLEAR POWER PLANT, UNIT NO.1 (TAC NO. M96162)

Dear Mr. Myers:

1 By letter from FirstEnergy dated June 23,1998 (PY-CEl/NRR-2296L), and Enercon Services, Inc.'s affidavit, executed by Robert H. Bryan, dated June 23,1998, the following proprietary documents were submitted:

' Time-Dependent Flow About Perforated Bodies," dated March 16,1998, by T. Sarpkaya

'Added Mass, Drag, and Damping of a Strainer Model: Analysis and Measurements," dated May 28,1998, by T. Sarpkaya Enercon Services, Inc. requested that the proprietary information be withheld from public l

disclosure pursuant to 10 CFR 2.790. Enercon Services, Inc. stated that the information should f

be considered exempt from mandatory public disclosure for the following reasons:

l (5)a Information that discloses a process, method or apparatus, including supporting data

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and analyses, where prevention ofits use by Enercon's competitors without license from

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Enercon constitutes a competitive economic advantage over other companies;

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-(5)b Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product;

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(5)d information which reveals aspects of past, present, or future Enercon customer-funded development plans and programs, of potential commercial value to Enercon; and (9)

The ininrmation identified [as listed] above, is classified as proprietary because it would provide other parties, including competitors, with a valuable comparative data base and interpretive information regarding determining the hydrodynamic mass and drag coefficients of perforated plates.

We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Enercon's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

In addition, we have determined that similar information handed out during the public meeting of f ] # * 'P ? ~ 7,' " D c A

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L, Myers - July 24, 1998 June 25,1998, at the NRC Rockville, Maryland offices also contains trade secrets or proprietary l

commercial information. Therefore, both the information marked as proprietary in your L

submittal of June 23,1998, and the information handed out in the public meeting of June 25, L

1998, 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.

l Withholding from public inspection shall not affect the right, if any, of persons properly and L

directly concemed to inspect the document.' If the need arises, we may send copies of this F

information to our consultants working in this area. We will, or course, insure 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 l

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 needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

l-Sincerely, Original signed by:

Dougl'as V. Pickett, Senior Project Manager Project Directorate 111-3 '

Division of Reactor Projects lil/IV Office of Nuclear Reactor. Regulation L

- Docket No. 50-440 DISTRIBUTION

. Docket File -

PUBLIC PDill-3 r/f v

. cc:

See next page RBellamy GGrant, Rlli EGA1-l OGC (email MPS)

L L ' DOCUMENT NAME: G:\\ PERRY \\PROPRIET.LTR j

Ta receive a copy of this document,indcote in the box: "C" = Copy without enclosures *E' = Copy with enclosures "N" = No copy fil 0FFICE PM: BQlIJc3 C

LA:PDIII-3 C

OGC C

D:PDIII-3NA BC: ScsBLXI NAME DPid1!t't '

EBarnhill &

MPSiemien W $

RBellamy(A)-

Qrftuggc DATE 07/LW98 07/16/98 07/3 /98 07/lb/98 07//4/98 0FFICIAL RECORD COPY Auj l

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- - - - _ __a

f L, Myers July 24, 1998 June 25,1998, at the NRC Rockville, Maryland offices also contains trade secrets or proprietary commercial information. Therefore, both the information marked as proprietary in your submittal of June 23,1998, and the information handed out in the public meeting of June 25, 1998, 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 ar'y, of persons properly and

'directly concemed to inspect the document. If the need arises, we may send copies of this information to our consultants working in this area. We will, or course, insure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should chmge in the future such that the information could then be made available for public inspection,,ou should promptly notify the NRC. You should also 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 needs additional information from you or makes a determination adverse to the above, you will be notified in j

advance of any public disclosure.

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Sincerely, l

l~

Original signed by:

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Douglas V. Pickett, Senior Project Manager Project Directorate lll 3 l

Division of Reactor Projects lil/IV Office of Nuclear _ Reactor Regulation l

Docket No. 50-440 DISTRIBUTION l

Docket File PUBLIC PDill-3 r/f cc:

See next page.

RBellamy GGrant, Rlli EGA1 l

OGC (email MPS) l

>e

. DOCUMENT NAME: G:\\ PERRY \\PROPRIET.LTR Ta receive a copy of thle document. Indemo in the boa: "C" = Copy without enclosures *E" = Copy with enclosures *N' = No copy fgj OFFICE PM:BQlIJc3 C

LA:PDIII-3 C

OGC C

D:PDIII-3 Mh SC:SCSB(Xf NAME DPic1Mt't '

EBarnhill &

MPSiemien W $

RBellamy(A)-

@tt 464 DATE 07/ W/98 07/lf/98 07/2 /98 07/lb/98 07//4/98 0FFICIAL RECORD COPY Au.)

4 d

L, Myers t June 25,1998, at the NRC Rockville, Maryland offices also contains trade secrets or proprietary commercial information. Therefore, both the information marked as proprietary in your submittal of June 23,1998, and the information handed out in the public meeting of June 25, 1998, 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 inspect;o,1 shall not affect the right, if any, of persons properly and i

directly concerned to inspect ine document. If the need arises, we may send copies of this information to our consultants werking in this area. We will, or course, insure that the l

consultants have signed the appropriate agreements for handling proprietary information.

l If the basis for withholding this information from public inspection should change in the future 4

l such that the information could then be made available for public inspection, you should

]

l promptly notify the NRC. You should also understand that the NRC may have cause to review i

l-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 needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, V' @M Douglas V. Pickett, Senior Project Manager Project Directorate lll-3 i

Division of Reactor Projects Ill/IV j

Office of Nuclear Reactor Regulation Docket No. 50-440 cc:

See next page r

! J"j L. Myers Perry Nuclear Power Plant, Units 1 and 2 t

Centerior Service Company cc:.

l Jay E. Silberg, Esq.

James R. Williams Shaw, Pittman, Potts & Trowbridge Chief of Staff 2300 N Street, NW.

Ohio Emergency Management Agency Washington, DC 20037 2855 West Dublin Granville Road Columbus, OH 43235-7150 Mary E. O'Reilly Centerior Energy Corporation Mayor, Village of Perry

.S00 Madison Avenue 4203 Harper Street Toledo, OH 43652 Perry, OH 44081 Resident inspector's Office Roy P. Lessy, Jr.

U.S. Nuclear Regulatory Commission Akin, Gump, Strauss, Hauer P.O. Box 331 and Feld, L.L.P.

Perry, OH 44081-0331 1333 New Hampshire Ave., NW.

Suite 400 Regional Administrator, Region Ill Washington, DC 20036 U.S. Nuclear Regulatory Commission 801 Warrenville Road Radiological Health Program Lisle,IL 60532-4531 Ohio Department of Health P.O. Box 118 Lake County Prosecutor Columbus, OH 43266-0118 Lake County Administration Bldg.

105 Main Street Ohio Environmental Protection Painesville, OH 44077 Agency DERR-Compliance Unit Sue Hiatt ATTN: Mr. Zack A. Clayton OCRE Interim Representative P.O. Box 1049 8275 Munson Columbus, OH 43266-0149 Mentor, OH 44060 Chairman Terry J. Lodge, Esq.

Perry Township Board of Trustees 618 N. Michigan Street, Suite 105 3750 Center Road, Box 65 Toledo, OH 43624 Perry, OH 44081 Ashtabula County Prosecutor State of Ohio 25 West Jefferson Street Public Utilities Commission Jefferson, OH 44047 East Broad Street Columbus, OH 43266-0573 Henry L Hegrat Regulatory Affairs Manager William R. Kanda, Jr., Plant Manager Cleveland Electric illuminating Co.

Cleveland Electric illuminating Co.

Perry Nuclear Power Plant Perry Nuclear Power Plant

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P.O. Box 97, A210 P.O. Box 97, SB306 Perry, OH 44081 Perry, OH 44081

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. cc: (continued) i Donna Owens, Director Ohio Department of Commerce l

Division of Industrial Compliance Bureau of Operations & Maintenance 6606 Tussing Road P.O. Box 4009 Reynoldsburg, OH 43068-9009 Mayor, Village of North Perry North Perry Village Hall 4778 Lockwood Road

. North Perry Village, OH 44081 Attomey General Department of Attorney General 30 East Broad Street Columbus, OH 43216 l

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