ML20237E024

Responds to & 980609 Affidavit Re Request for Withholding Info from Public Disclosure.Nrc Has Reviewed Submittal & Info Marked Proprietary Will Be Withheld,Per 10CFR2.790

ML20237E024
Person / Time
Site:	Perry
Issue date:	08/25/1998
From:	Pickett D NRC (Affiliation Not Assigned)
To:	Myers L CENTERIOR ENERGY
References
TAC-MA2290, NUDOCS 9808280175
Download: ML20237E024 (6)

Text

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UNITED STATES I

, g NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30e06-0001 o

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l August 25, 1998 M' r. 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 Dl6 CLOSURE

- PERRY NUCLEAR POWER PLANT, UNIT NO.1 (TAC NO. MA2290)

Dear Mr. Myers:

By letter from FirstEnergy dated July 13,1998 (PY-CEl/NRR-2298L),' and General Electric Company's affidavit, executed by George B. Stramback, dated June 9,1998, the following proprietary document was submitted:

NEDC-32307P, Safety Review for Perry Nuclear Power Plant Safety / Relief Valves Setpoint Tolerance Relaxation / Out-of-Service Analyses, dated May 1994.

General Electric Company requested that the proprietary information be withheld from public disclosure pursuant to 10 CFR 2.790. General Electric Company stated that the information should be considered exempt from mandatory public disclosure for the following reasons:

(4)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; (4)d Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electric; and (8) L The information 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 transient computer codes and transient analysis, and Safety Relief Valve (SRV) discharge piping anchor loads and quencher anchor loads test resuits. The computer code and SRV related tests were conducted and expended by General Electric to develop this information in support of the BWR Owners' Group.

We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of General Electric's statements, have determined that the i submitted information sought to be withheld contains trade secrets or proprietary commercial information. Therefore, the information marked as proprietary in your submittal of July 13, 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. )

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. L. Myers I Withholding from public inspection shall not affect the right, if any, 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. i 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 i 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 i

advance of any public disclosure.

Slncerely, c '?

Douglas V. Pickett, Senior Project anager ,

Project Directc, rate ill-3 '

Division of Reactor Projects lil/IV Office of Nuclear Reactor Regulation Docket No. 50-440 cc: See next page l

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'4 cc: (continued)

Donna Owens, Director Ohio Department of Commerce Division of Industrial Compliance Bureau of Operations & Maintenance 6606 Tussing Road P.O. Box 4009 Reynoldsbiarg, OH 43068-9009 Mayor, Village of North Perry North Perry Village Hall l 4778 Lockwood Road l North Perry Village, OH 44081 Attorney General Department of Attorney General ,

30 East Broad Street l Columbus, OH 43216

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. L, Myers August 25, 1998 Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned 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 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 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, Original signed by J. Hopkins for:

Douglas V. Pickett, Senior Project Manager Project Directorate 111-3 Division of Reactor Projects ill/IV Office of Nuclear Reactor Regulation Docket No. 50-440 DISTRIBUTION Docket File PUBLIC PDill-3 r/f cc: See next page RBellamy GGrant, Riti EGA1 OGC (email MPS)

DOCUMENT NAME: G:\ PERRY \MA2290.PRP To receive e copy of tNs document, Indicate in the box: "C* = Copy without enclosures *E* = Copy with enclosures *N* = No copy 0FFICE PM:PDIII-3 C- LA:PDIII-3 C- OGC } ,C 0:PDI R- b i_b NAME OPickett /P ti EBarnhill W MPStemien\ QQ RBellaTRAP 4 071Vj98 l 07/ /98 l DATE 07/M/98 / "fU~ 07Q9/98 0% 2 5/98 0FFICIAL' RECORD COPY l

l

L, Myers August 25, 1998-Withholding from public inspection shall not affect the right, if any, of persons properly and

. directly concerned 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 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 i 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 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 l

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

Sincerely, V,

Original signed by J. Hopkins for

F Douglas V. Pickett, Senior Project Manager

Project Directorate lil-3 Division of Reactor Projects lil/IV Office of Nuclear Reactor Regulation Docket No. 50-440 DISTRIBUTION

^ Docket File PUBLIC - PDill-3 r/f cc: See next page RBellamy GGrant, Rlli EGA1

! OGC (email MPS) i i

DOCUMENT NAME: G:\ PERRY \MA2290.PRP To receive a opy of this document, indicate in the box: *C" = Copy without enclosures "E" = Copy with enclosures *N" = No copy 0FFICE PM:PDIII-3 C LA:PDIII-3 C OGC . ,C 0:PDILI4e i_b NAME DPickett [P f, EBarnhill W MPStemieni 44 RBellamKA)'

DATE 07/3-1/98 '7/ W 07Q9/98 OM \c/98 ' 0925/98 07/ /98-0FFICIAL RECORD COPY

! l E-_ _ _ _ = -

1 L. Myers Perry Nuclear Power Plant, Units 1 and 2 Centerior Service Company cc:

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 300 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 lll 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 L Ashtabula County Prosecutor Perry Township Board of Trustees 25 West Jefferson Street 3750 Center Road, Box 65

Jefferson, OH 44047 Perry,OH 44081 l Henry L. Hegrat State of Ohio l Regulatory Affairs Manager Public Utilities Commission l' Cleveland Electric illuminating Co. East Broad Street l Perry Nuclear Power Plant Columbus, OH 43266-0573 L P.O. Box 97, A210 l Perry, OH 44081 William R. Kanda, Jr., Plant Manager Cleveland Electric lliuminating Co.

Perry Nuclear Power Plant P.O. Box 97, SB306 Perry, OH 44081 L

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