ML20237D245
| ML20237D245 | |
| Person / Time | |
|---|---|
| Issue date: | 08/13/1998 |
| From: | Carpenter C NRC (Affiliation Not Assigned) |
| To: | Terry C NIAGARA MOHAWK POWER CORP. |
| References | |
| TAC-MA1138, TAC-MA1226, TAC-MA1926, TAC-MA1927, TAC-MA2326, TAC-MA2328, NUDOCS 9808250231 | |
| Download: ML20237D245 (4) | |
Text
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August 13, 1998 I
Carl Terry, BWRVIP Chairman Niagara Mohawk Power Company Post Office Box 63 Lycoming, NY 13093
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. A1138, MA1226, MA1926, MA1927, MA2326, AND MA2328)
Dear Mr. Terry,
You have recently submitted several BWR Vessel and Intemals Project (BWRVIP) and Electric Power Research Institute (EPRI) proprietary reports, and their nonproprietary versions (unless otherwise indicated), for NRC staff review. Specifically, you submitted the following reports:
1)
" Vessel ID Attachment Weld Inspection and Flaw Evaluation Guidelines (BWRVIP-48),"
EPRI Report TR 108724, dated March 6,1998, for the purpose of supporting generic l
regulatory improvements related to the inspection of the attachment welds between the
{
support brackets and the vessel; j
2)
" Instrument Penetration inspection and Flaw Evaluation Guidelines (BWRVIP-49)," EPRI Report TR-108695, dated March 13,1998, for the purpose of supporting generic regulatory improvements related to the inspection of the instrument penetrations; 3)
" Top Guide / Core Plate Repair Design Criteria (BWRVIP-50)," EPRI Report TR-108722, dated May 14,1998, for the purpose of supporting generic regulatory improvements related to the temporary and permanent repair of the top guide and/or core plate; 4)
" Jet Pump Repair Design Criteria (BWRVIP-51)," EPRI Report TR-108718, dated May 14,1998, for the purpose of supporting generic regulatory improvements related to the temporary and permanent repair of the jet pump assemblies; 5)
" Shroud Support and Vessel Bracket Design Criteria (BWRVIP-52)," EPRI Report TR-108720, dated June 26,1998, for the purpose of supporting generic regulatory improvements related to the temporary and permanent repair of the shroud support structure and vessel intemal attachments; and, 6)
" Standby Liquid Control Line Repair Design Criteria (BWRVIP-53)," EPRI Report TR-l 108716, dated July 2,1998, for the purpose of supporting generic regulatory improvements related to the temporary and permanent repair of standby liquid control I
(SLC) and core differential pressure (CDP) nozzles and internal lines.
- You requested that the above reports be withheld from public disclosure pursuant to 10 CFR 2.790, in accordance with the letters and attached affidavits from Mr. Mark D. Fox of EPRI dated, respectively (1) February 19,1998; (2) February 19,1998; (3) April 27,1998; (4)
April 27,1998; and, from Arthur Kenny of EPRI dated, respectively, (5) June 16,1998; and, (6)
June 16,1998.
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t Carl Terry Mr. Fox and Mr. Kenny stated that the submitted information for reports (1), (2), (3), (4), and (6),
should be considered exempt from mandatory public disclosure for the following reasons:
(1)
The report is not available in public sources. EPRI developed the report only after making a determination that the report was not available from public sources. It required a large expenditure of dollars for EPRI to develop the report. In addition, EPRI was required to use a large amount of time of EPRI employees. The money spent, plus the value of EPRI's staff time in preparing the report, show that the report is highly valuable to EPRI. Finally the report was developed only after a long period of effort of at least several months.
(ii)
A public disclosure of the report would cause substantial harm to EPRI's competitive position and the ability of EPRI to license the report both domestically and internationally.
The report can be properly acquired or duplicated by others only with an equivalent investment of time and effort.
We have reviewed your applications, attached affidavits and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercialinformation.
Therefore, the versions of the submitted information marked as proprietary will be withheld from the 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 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 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 i
adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, 06 C. E. Carpen, Jr., Lead P ect Manager Materials and Chemical Engineering Branch Division of Engineering Office of Nuclear Reactor Regulation ec: See next page
CarlTerry Mr. Fox and Mr. Kenny stated that the submitted information for reports (1), (2), (3), (4), and (6),
should be considered exempt from mandatory public disclosure for the following reasons:
(i)
The report is not available in public sources. EPRI developed the report only after making a determination that the report was not available from public sources. It required a large expenditure of dollars for EPRI to develop the report. In addition, EPRI was required to use a large amount of time of EPRI employees. The money spent, plus the value of EPRl's staff time in preparing the report, show that the report is highly valuable to EPRI. Finally the report was developed only after a long period of effort of at least several months.
(ii)
A public disclosure of the report would cause substantial harm to EPRI's competitive position and the ability of EPRI to license the report both domestically and intemationally.
The report can be properly acquired or duplicated by others only with an equivalent investment of time and effort.
We have reviewed your applications, attached affidavits and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information.
Therefore, the versions of the submitted information marked as proprietary will be withheld from the 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 any, of persons properly and directly concerned to inspect the documerts. If the need arises, we may send copies of this information to our consultants wouing 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.
?I Sincerely, i
C. E. Carpenter, Jr., Lead Project Manager Materials and Chemical Engineering Brcinch I
Division of Engineering Office of Nuclear Reactor Regulation cc: See next page Distribution:
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George Jones, Executive Chairman Dana Covill, Technical Chairman BWRVIP Assessment Task BWRVIP AssessmentTask Pennsylvania Power & Light GPU Nuclear A6-1 1 Upper Pond Road Two North Ninth Street Parsippany, NJ 07054 Allentown, PA 18101 Joe Hagan, Executive Chairman Carl Larsen, Technical Chairman BWRVIP inspection Task BWRVIP Inspection Task Entergy Yankee Atomic.
P. O. Box 756 580 Main Street Waterloo Road Bolton, MA 01740 Port Gibson, MS 39150 Paul Bemis, Executive Chairman Vaughn Wagoner, Technical Chairman BWRVIP Integration Task BWRVIP Integration Task Washington Public Power Supply System Carolina Power & Light Company P. O. Box 968 One Hannover Square 9C1 North Power Plant Loop P.O. Box 1551 Richland, WA 99352 0968 Raleigh, NC 27612 Lewis Sumner, Executive Chairman John Wilson, Technical Chairman BWRVIP Mitigation Task BWRVIP Mitigation Task Southem Nuclear Operating Co.
Clinton Power Station, M/C T-31C 40 invemess Center Parkway P.O. Box 678 Birmingham, AL 35201 Clinton,IL 61727 i
John Blomgren, Executive Chairman Bruce McLeod, Technical Chairman BWRVIP Repair Task BWRVIP Repair Task l
Commonwealth Edison Co.
Southem Nuclear Operating Co.
1400 Opus Place, Suite 600 Post Office Box 1295 Downers Grove, IL 60515-5701 40 invemess Center Parkway Birmingham, AL 35201 Bill Campbell, BWRVIP Vice Chairman Warren Bilanin, EPRI BWRVIP Carolina Power & Light integration Manager P. O. Box 1551 Joe Gilman, EPRI BWRVIP Raleigh, NC 27612 Mitigation Manager Ken Wolfe, EPRI BWRVIP Robert Carter, EPRI BWRVIP Repair Manager Assessment Manager Electric Power Research Institute l
Greg Selby, EPRI BWRVIP P. O. Box 10412 Inspection Manager 3412 Hillview Ave.
EPRI NDE Center Palo Alto, CA 94303 P. O. Box 217097 1300 W. T. Harris Blvd.
Charlotte, NC 28221