ML20237D679

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Advises That Info Re TS Change Request 260,by 980723 Application & 980714 Affidavit Will Be Withheld from Public Disclosure Ref 10CFR2.790
ML20237D679
Person / Time
Site: Oyster Creek
Issue date: 08/24/1998
From: Eaton R
NRC (Affiliation Not Assigned)
To: Roche M
GENERAL PUBLIC UTILITIES CORP.
References
TAC-MA2406, NUDOCS 9808270133
Download: ML20237D679 (3)


Text

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,j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066 0001

,,,g August 24, 1998 Mr. Michael B. Roche Vice President and Director GPU Nuclear, Inc.

Oyster Creek Nuclear Generating Station P. O. Box 388 Forked River, NJ 08731

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE OYSTER CREEK NUCLEAR GENERATING STATION (TAC NO. MA2406)

Dear Mr. Roche:

By your application dated July 23,1998, and affidavit dated July 14.1998, executed by Glen A.

Watford you submitted proprietary information related to Technical Specification Chs.nge request No. 260 and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version was submitted for placement in the NRC public document j

room.

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

Information that discloses a process, method, or apparatus, including supporting data a.

and analyses, where prevention of its use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; b.

Information which, if used by a competitor, would reduce his expenditure of resources or l

improve his competitive position in the design, manufacture, shipment, installation, I

assurance of quality, or licensing of a similar product; c.

The information sought to be withheld is considered to be proprietary for the reasons set l

forth in both paragraphs a and b above; l

.d.

The information identified in paragraph (2) is classified as proprietary because it 1

contains details of GE's Safety Limit MCPR analysis and the corresponding results I

which GE has applied to Oyster Creek's actual core design with GE's fuel.

The development of the methods used in the analyses, along with the testing, development and approval of the supporting methodology was achieved at a significant cost, on the order of several million dollars, to GE. -

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'o M. Rocho f We have reviewed your application 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 version of the submitted information 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 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 adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-3041.

Sincerely, Original signed by Ronald B. Eaton, Senior Project Manager Project Directorate 1-3 Division of Reactor Projects - 1/II Office of Nuclear Reactor Regulation Docket No. 50-219 cc: See next page DISTRIBUTION Docket File PUBLIC PDI-3 Rdg.

JZwolinski RBEaton TClark MPSiemen, OGC CCowgill, RI FILENAME: G:\\ PILGRIM \\PROPSALE.LTR

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[/N/98 7/M/98 8 8 //98 08/20/98 DATE OFFICIAL RECORD COPY i

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M. Roche GPU Nuclear, Inc.

cc:

Ernest L. Blake, Jr., Esquire Shaw, Pittman, Potts & Trowbridge 2300 N Street, NW Washington, DC 20037 Regional Administrator, Region i U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 BWR Licensing Manager GPU Nuclear Corporation 1 Upper Pond Road Parsippany, NJ 07054 i

Mayor Lacey Township 818 West Lacay Road Forked River, NJ 08731 i

Licensing Manager Oyster Creek Nuclear Generating Station I

Mail Stop: Site Emergency Bldg.

P.O. Box 388 Forked River, NJ 08731 Resident inspector c/o U.S. Nuclear Regulatory Commission P.O. Box 445 Forked River, NJ 08731 Kent Tosch, Chief New Jersey Department of j

Environmental Protection Bureau of Nuclear Engineering CN 415 Trenton, NJ 08625 i

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