ML20237C713

Advises That Based on Review of 870918 Application for Amend to Licenses DPR-29 & DPR-30 & Attached 870814 Affidavit, Proprietary NEDC-31345P Re SAFER/GESTR-LOCA Analysis Will Be Withheld (Ref 10CFR2.790)

ML20237C713
Person / Time
Site:	Quad Cities
Issue date:	12/14/1987
From:	Muller D Office of Nuclear Reactor Regulation
To:	Butterfield L COMMONWEALTH EDISON CO.
References
NUDOCS 8712220097
Download: ML20237C713 (4)

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/  %, UNITED STATES 8 p, NUCLEAR REGULATORY COMMISSION g j WASHINGTON, D. C. 20555 De c emb e r 14,1987 Docket Nos.: 50-254 and 50-265 Mr. L. D. Butterfield, Jr.

Nuclear Licensing Manager 3 Commonwealth Edison Company Post Office Box 767 Chicago, Illinois 60690

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC By your application and attached affidavit dated September 18, 1987 and August 14, 1987, respectively, you submitted a License and Technical Specification amendment request for Quad Cities Nuclear Power Station, Unit 1, Cycle 10 Reload and requested that a selected portion be withheld from public disclosure pursuant to 10 CFR 2.790.

The subject affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1. QCNPS, Units 1 and 2, SAFER /GESTR-LOCA Loss of Coolant Accident Analysis is classified as proprietary information because it contains important input parameters and analysis results of the SAFER /GESTR-LOCA analysis methodology, as well as details of current fuel designs that are not available to other parties. This information has consistently been held in confidence by the General Electric Company, no public j disclosure has been made, and it is not available in public  !

sources. All disclosures to their parties have been made )

pursuant to regulatory provision of proprietary agreements i which prouide for maintenance of the information in confidence.

1 II. Public disclosure of the QCNPS LOCA analysis, sought to be '

withheld, is likely to cause substantial harm to the competitive position of the General Electric Company and deprive or reduce the availability of profit making opportunities because it would provide other parties, including competitors, with valuable information regarding analysis inputs and results using the SAFER /GESTR-LOCA methodology, which were obtained at considerable cost to the General Electric Company. In addition, the document contains details, not available to other parties, of the thermal limits for the current General Electric multiple-lattice fuel designs. The lattice-specific thermal limits are proprietary to the General Electric Company since valuable design information l could be derived by competitions with knowledge of the lattice l

8712220097 071214 PDR ADOCK 05000254 P PDR r___________________

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specific thermal limits. Although it is necessary to include some thermal limits information in plant Technical Specifications, thu's making this information available to competitors, it is impo' rtant to limit the amount of information available to the maximum extent possible.

III. Initial approval of proprietary treatment of a document is typically made by the Subsection Manager of the originating component, who is most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge.

Access to such documents within the Company is limited on a "need to know" basis and such documents are clearly identified as proprieta ry. The procedure for approval of external release of such a document typically requires review by the Subsection Manager, Project Manager, Principal Scientist or other equivalent authority, by the Subsection Manager of the cognizant Marketing function (or delegate) and by the Legal Operation for technical content, competitive effect and determination of the accuracy of the proprietary designation in accordance with the standards enumerated above. Disclosures outside General Electric are generally limited to regulatory bodies, customers and potential customers and. their agents, suppliers and licensees then only with appropriate protection by applicable regulatory provisions or proprietary agreements' .

We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of General Electric Company's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the QCNPS, Units 1 and 2, SAFER /GESTR-LOCA Loss-of-Coolant Accident Analysis (NEDC-31345P, June 1987) marked as proprietary, will be withheld from publicdisclosurepursuantto10CFR2.790(b)(5)andSection103(b)ofthe Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of i 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 l

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i for public inspection, you should promptly notify the NRC. Your should also l' 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.

Orignial Signed by/

Daniel R. Muller, Director  ;

Project Directorate III-2 Division of Reactor Projects - III, IV, Y and Special Projects cc:

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Mr. L. D. Butterfield, Jr. Quad Cities Nuclear Power Station Commonwealth Edison Company Units 1 and 2 cc:

Mr. Stephen' E. Shelton Vice President Iowa-Illinois Gas and Electric Company P.O. Box 4350 Davenport, Iowa 52808 Mr. Michael Miller, Esq.

Isham, Lincoln & Beale Three First National Plaza

. Suite 5200 Chicago, Illinois 60602 Mr. Richard Bax Station Manager Quad Cities Nuclear Power Station 22710 206th Avenue North Cordova, Illinois 61242 Resident Inspector U.S. Nuclear Regulatory Commission 22712 206th Avenue North Cordova, Illinois 61242 Chai rman Rock Island County Board I of Supervisors 1504 3rd Avenue Rock Island County Office Bldg.

Rock Island, Illinois 61201 Mr. Michael C. Parker, Chief Division of Engineering Illinois Department of Nuclear Safety 1035 Outer Park Drive, 5th Floor Springfield, Illinois 62704 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 799 Roosevelt Road Glen Ellyn, Illinois 60137 l

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