ML20248D351

Advises That Info Contained in Re Ue Proposed TS Change to Allow Installation of Framatome Electrosleeves in SGs Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of AEC of 1954,as Amended

ML20248D351
Person / Time
Site:	Callaway
Issue date:	05/28/1998
From:	Thomas K NRC (Affiliation Not Assigned)
To:	Taylor J FRAMATOME
References
NUDOCS 9806020399
Download: ML20248D351 (4)

Text

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,ooctog [d- k N UNITED STATES y,

g j NUCLEAR REGULATORY COMMISSION A" WASHINGTON, D.C. 20666-0001

• * * ,+ ,o May 28,1998 Mr. James H. Taylor, Manager Licensing Services Framatome Technologies, Inc.

P.O. Box 10935 Lynchburg, VA 24506-0935

SUBJECT:

REQUEST FOR WITHi-OLDING INFORMATION FROM PUBLIC DISCLOSURE -

FRAMATOME TECHNC'LOGIES, INC.

Dear Mr. Taylor:

By letter dated February 24,1998, Union Electric Company (UE) responded to a request for additional information from the NRC r,taff regarding UE's proposed technical specification change to allow the installation of Framatome electrosfeeves in the Callaway Plant, Unit 1 steam generators and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A non-proprietary version was submitted for placement in the NRC's Public Document Room.

An affidavit, dated February 20,1998, from B&W Owners Group Services for Framatome (Framatome) executed by Joseph J. Helly, was included in the application. Framatome states that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

"(ii) b. The information reveals data or material concerning FTl research or development plans or programs of present or potential competitive advantage to FTI.

c. The use of the information by a competitor would decrease his expenditures. In time of resources, in designing, producing or marketing a similar product.

d. The information consists of test data or other similar data conceming a process, method or component, the application of which results in a competitive advantage to FTI."

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

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- Mr. James H. Taylor Therefore, we have determined that the additional information provided in the February 24,

'.1998, letter from Union Electric 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 sit,ned 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.

Sincerely, ORIGINAL SIGNED BY: i Kristine M. Thomas, Project Manager Project Directorate IV-2 Division of Reactor Projects Ill/lV i Office of Nuclear Reactor Regulation l cc: See next page DISTRIBUTION.

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g Mr. James H. Taylor Therefore, we have determined that the additional information provided in the February 24, 1998, letter from Union Electric 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 concemed 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.

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If the basis for withholding this information from public inspection should change in the future such that the infomiation could then be made available for public inspection, you should l 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.

l l Sincerely, I

MW Kristine M. Thomas, Project Manager Project Directorate IV-2 l Division of Reactor Projects lil/IV Office of Nuclear Reactor Regulation l cc: See next page 1

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l' lg Mr. James H. Taylor cc:

Professional Nuclear Mr. Otto L. Maynard Consulting, Inc. President and Chief Executive Officer l 19041 Raines Drive Wolf Creek Nuclear Operating Corporation Derwood, Maryland 20855 P.O. Box 411 i

Burlington, Kansas 66839 Gerald Chamoff, Esq.

Thomas A. Baxter, Esq. Mr. Dan 1. Bolef, President Shaw, Pittman, Potts & Trowbridge Kay Drey, Representative 2300 N. Street, N.W. Board of Directors Coalition Washington, D.C. 20037 for the Environment 6267 Delmar Boulevard

! Mr. H. D. Bono University City, Missouri 63130 Supervising Engineer l Quality Assurance Regulatory Support Mr. Lee Fritz Union Electric Company Presiding Commissioner Post Office Box 620 Callaway County Court House Fulton, Missouri 65251 10 East Fifth Street Fulton, Missouri 65151 U.S. Nuclear Regulatory Commission Resident inspector Office Mr. Alan C. Passwater, Manager l 8201 NRC Road Licensing and Fuels l Steedman, Missouri 65077-1302 Union Electric Company l Post Office Box 66149 Mr. J. V. Laux, Manager St. Louis, Missouri 63166-6149 Quality Assurance Union Electric Company Mr. Garry L. Randolph Post Office Box 620 Vice President and Chief Nuclear Officer Fulton, Missouri 65251 Union Electric Company Post Office Box 620 Manager- Electric Department Fulton, Missouri 65251 Missouri Public Service Commission l

l 301 W. High Post Office Box 360 Jefferson City, Missouri 65102 1 j Regional Administrator, Region IV l U.S. Nuclear Regulatory Commission l Harris Tower & Pavilion

! 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 Mr. Ronald A. Kucera, Deputy Director Department of Natural Resources P.O. Box 176 Jefferson City, Missouri 65102 l