SNRC-2173, Forwards Termination Survey Final Rept Phase 3. Proprietary Pages to Rept Also Encl.Proprietary Pages Withheld (Ref 10CFR2.790)

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Forwards Termination Survey Final Rept Phase 3. Proprietary Pages to Rept Also Encl.Proprietary Pages Withheld (Ref 10CFR2.790)
ML20069M059
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 06/14/1994
From: Bortz A
LONG ISLAND POWER AUTHORITY
To: Bernero R
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML19304C268 List:
References
LSNRC-2173, NUDOCS 9406210100
Download: ML20069M059 (13)
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Long Shortham Nucitar Power Station

. lstand P.O. Box 628 Power North Country Road Authonty Wading River. N.Y.11792 l I

JUN141994 LSNRC-2173 U. S. Nuclear Regulatory Commission Document Control Desk Washington, D. C. 20555 ATTN: Mr. Robert Bernero, Director Office of Nuclear Material Scfety and Safeguards Shoreham Decommissioning Project i Termination Survey Final Report Phase 3 and Application for Withholding Per 10 CFR 2.790 Shoreham Nuclear Power Station - Unit 1 Docket No. 50-M e

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.3 8 Ref: O) Long Island Power Authority Letter LSNRC-2101, dated September 30, 1993; subject: Termination Survey Final Report Phase 1 (2) Long Island Power Authority Letter LSNRC-2144, dated February 4, 1994; subject: Termination Survey Final Report Phase 2 (3) Long Island Power Authority Letter LSNRC-2133, dated January 10, ,

1004; subject: Shoreham Decommissioning Project Termination Survey Plan - Revision 2 (4) 10 CFR 2.790, Public laspections, Exemptions, Requests for Withholding (5) Long Island Power Authority Letter LSNRC-2165, dated April 22,1994; subject: Request for Modification of Facility Release Criteria; Application to Low Energy Beta Emitters and Electron Capture Nuclides Ladies and Gentlemen:

The Long Island Power Authority hereby transmits the Phase 3 Final Report of the-Shoreham Decommissioning Project Termination Survey. LIPA also requests that the NRC treat this cover letter as an application for withholding the confidential commercial information identified in Enclosure 3, in accordance with 10 CFR 2.790 1 (Reference 4).  !

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The Phase 3 report covers the termination surveys performed in the Radwaste Building and in 6 plant systems associated with this structure. Excluded from this report is a single area of the Radwaste Building which contains residual blocks of concrete and steel which were part of the Biological Shield Wall that was recently removed from the Reactor Building. Final reporting of the survey results for this ringle area, which will include surveys of the blocks themselves, is pending resolut;on of the LIPA .

application for modification of facility release criteria. (Reference 5). The Phase 3 [

Final Report updates and integrates with the previously submitted Phase 1 Final Report and Phase 2 Final Report (References 1 and 2) and includes Release Records for 55 of the 394 survey units which comprise the Shoreham Termination Survey as described in the Termination Survey Plan (Reference 3). These 55 Phase 3 Release Records are to be added to the 213 Release Records previously submitted in the Phase 1 and Phase 2 reports.

The Phase 3 Final Report consists of four volumes which are included as Enclosure

1. The replacement and/or insertion instructions for merging these materials with the previously submitted Phase 1 and Phase 2 reports are as follows:
1) Volume 1, Termination Survey Description and Results. This Volume replaces the previously submitted Volume 1 for Phases 1 and 2 in its entirety,
2) Volume 2, Books 11,12, and 13, Release Records for Phase 3 surveys.

These books are to be added to Books 1 through 10 previously  :

submitted as part of the Phase 1 and Phase 2 Final Reports.

3) Volume 3, Program Documents. Included in Enclosure 1 are updates of two of the twelve procedures contained within the Volume 3 previously submitted. Each updated procedure replaces its counterpart in the previously submitted Volume 3 binder. There have been no updates of either the Termination Survey Plan or the Termination Survey Program Description since the last submittal.
4) Volume 4, Supporting Documents, included are 3 Nuclear Quality Assurance Department Surveillance reports conducted on termination survey activities during the Phase 3 survey. Additionally, the Nuclear Quality Assurance Department Audit Report, NOA-94X04, which in part details the results of an annual audit of termination survey activities is also included. These documents are to be added, along with the updated Table of Contents for Volume 4, to the documents contained within the previously submitted Volume 4 binder.

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. LSNRC-2173 P&g' e 3 of 3 l r

The survey units reported in this Termination Survey Final Report Phase 3, along with  !

survey units previously reported in Phases 1 and 2, are being maintained as described  :

in the Termination Survey Plan. LIPA considers these areas and equipment suitable  ;

for release for unrestricted use, subject to NRC Staff confirmation. The Phase 2 and  !

3 survey units are ready for inspcction and confirmation surveys such as have already l been performed on the Phase 1 survey units. j The Affidavit of Richard P. Bonnifield in Support of Application for Withholding Data from Public Disclosure is included as Enclosure 2. This Affidavit identifies certain i information that constitutes confidential commercial information regarding the Phase 3 Final Report, and meets the criteria of 10 CFR 2.790(a)(4). A total of 81 pages  !

from the Phase 3 Final Report are specified and substantiated in the attached Affidavit. LIPA requests that this information be withheld from public disclosure. l The pages withheld from the Termination Survey Final Report Phase 3 (i.e., from Enclosure 1) are identified and attached as Enclosure 3. These pages have been substituted in the Phase 3 Final Report with blank pages identifying the missing subject matter.  !

Please do not hesitate to contact me if you have any questions or require any ,

additionalinformation in this matter.  :

Very truly yours, 1

A. tz Resi ent Manager

Enclosures:

1) Shoreham Decommissioning Project Termination Survey Final Report Phases 1, 2 and 3 (Four Volumes).  :
2) Affidavit of Richard P. Bonnifield in Support of Application j for Withholding Data from Public Disclosure l
3) Pages withheld from the Termination Survey Final Report l Phase 3 cc: L. Bell C. L. Pittiglio T. T. Martin R. Nimitz D. Fauver i

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LSNRC-2173 ENCLOSURE 2 ,

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AFFIDAVIT OF RICHARD P. BONNIFIELD IN SUPPORT OF APPLICATION FOR WITHHOLDING DATA FROM PUBLIC DISCLOSURE Richard P. Bonnifield, General Counsel of the Long Island Power Authority, being duly sworn does state under oath in support of the Long Island Power Authority's Application for Withholding Data from Public Disclosure:  !

, 1. I am the General Counsel of the Long Island Power i Authority ("LIPA") and have continuing legal responsibilities pertaining to LIPA's decommissioning of the Shoreham Nuclear Power Station ("Shoreham" or " Facility") . One of my responsibilities, as an upper-level management official of LIPA, is the function of reviewing data and information pertaining to the Facility to determine whether they should be withheld from public disclosure in l i

accordance with 10 CFR 2.790. In that regard, I have been l

specifically delegated the function of reviewing the Shoreham Decommissioning Project Termination Survey Final Report, Phase 3

(" Phase 3") and am authorized to apply on behalf of its owner, LIPA, for withholding from public disclosure those portions of Phase 3 containing confidential commercial information.

2. Phase 3 contains certain information that constitutes confidential commercial information and meets the criteria of 10 I

CFR 2.790 (a) (4) .I' Those portions (" Confidential Information") are as follows:

Item 1: Phases 1, 2 and 3, Volume 1, Table 5-7 (page 5-11)

- Termination Survey Instrument Summary Item 2: Phase 3, Volume 2, Book 11 -

Shoreham Decommissioning Termination Survey Grid Maps:

Release Record RWOO1 - page 20 Release Record RWOO2 - pages 31-34 Release Record RWOO6 - page 20 Release Record RWOO7 - page 20 Release Record RWO10 - pages 25-27 Release Record RWO11 - pages 04-05 Release Record RWO13 - page 04 Release Record RWO14 - page 04 Release Record RWD15 - page 04 Release Record RW016 - page 25 Release Record RWO17 - page 32 Release Record RWO18 - page 20 Release Record RWO19 - page 04 Release Record RWO20 - page 04 Rele r'e Record RWO21 - page 04 Release Record RWO22 - page 27 Release Record RWO23 - pages 04-08 Release Record RWO28 - page 04 Release Record RWO29 - page 04 Release Record RWO30 - page 04 Release Record RWO31 - page 04 Release Record RWO32 - page 04 Release Record RWO33 - page 04 ,

Release Record RWO34 - pages 25-26 '

Release Record RWO37 - pages 25-26 Release Record RWO38 - pages 19-20 l Release Record RWO40 - pages 04-05 '

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l' Section 2.790(a) (4) specifies that the Commission will not disclose certain data: J Trade secrets and commercial or financial information obtained from a person and privileged or confidential; As set forth herein, the Items listed in paragraph 2 of this Affidavit constitute confidential commercial information and possibly trade secrets and thus should be protected from disclosure.

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Phase 3, Volume 2, Book 12 -

Shoreham '

Decommissioning Termination Survey Grid Maps:

Release Record RWO41 - page 04 Release Record RWO42 - page 04 Release Record RWO43 - pages 22-23 Release Record RWO45 - page 04 Release Record RWO47 - pages 30-32 Release Record RWO50 - page 04 Release Record RWOS2 - pages 04-05 Release Record RWO53 - page 04 Release Record RWO54 - pages 04-08 Release Record RWO59 - page 38 ,

Release Record RWO60 - page 04 Release Record RWO61 - page 25 Release Record RWO62 - page 19 Release Record RWO63 - page 19 Release Record RWO64 - page 04 Release Record RWO65 - page 04 Release Record RWO67 - page 04 Release Record RWO68 - pages 24-25 Release Record RWO69 - paces 19-20 Release Record RWO72 - page 04 Release Record RWO74 - page 22 Release Record RWO75 - page 12 Release Record SE008 - page 04

3. The Confidential Information has intrinsic commercial and proprietary value. Therefore, the Confidential Information should i

be withheld f rom public disclosure as provided by 10 CFR 2.790.

4. The Shoreham Station is the first full size commercial nuclear power facility in the nation to be decommissioned. As j such, and pursuant to federal regulations, the Facility has a rigid security control system which prevents unauthorized intrusions by the general public.

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l LIPA is a corporate municipal instrumentality of New York l 5.

State, headquartered in Garden City, New York, created for the l

purpose, among others, of decommissioning the Facility. I

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6. The Confidential Information has not been made available l

to the general public. This is demonstrated by the fact that the l

Confidential Information currently can only be found at the l Facility, LIPA headquarters, the Commission, and at the offices of certain of LIPA's contractors (such as the New York Power Authority and the Long Island Lighting Company) with whom LIPA has confidentiality agreements.

7. Item 1 is of commercial value in that an extensive amount of time and money was spent by LIPA in determining detector descriptions and detection sensitivities of various instruments contemplated for termination measurement use by LIPA. LIPA has invested more than $100,000 in the process of instrument measurement and calibration, data review and evaluation, summarizing and reporting. The results of this investment are represented in Item 1. Along with corresponding instrument sensitivity tables included in the Shoreham Decommissioning Project
  • Termination Survey Plan, Revision 1 (" Revision 1") and the Shoreham Decommissioning Project Termination Survey Plan, Revision 2

(" Revision 2") ,2' Item 1 is the only documented summary which LIPA 2' LIpA submitted to the Commission on January 28, 1994, an application to withhold from public disclosure those corresponding instrument sensitivity tables in Revision 1. LIPA i then submitted to the Commission on February 4, 1994, an '

application to withhold from public disclosure the corresponding tables in Revision 2.

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knows to exist which offers demonstrable evidence that the instruments used in radiation detection at Shoreham for termination ,

purposes meet acceptable Commission criteria. Additionally, LIPA's substantial time and monetary investment has culminated in the only commercial evaluaticn conducted of various instruments and detectors produced for the purpose of termination survey work. Any entity engaged in nuclear termination surveys would commercially invest in the information provided by Item 1 because the instruments and data found therein have been demonstrated to be acceptable to the Commission and would thus significantly reduce the need to expend an inordinate amount of time and money to undergo similar testing. Importantly, this information can only be f

found in Item 1 and is extremely difficult to duplicate without spending extensive time and expense.

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8. The public interest in disclosing Item 1 is minimal. Item 1 does not purport to identify any actual residual radioactivity levels; rather, it merely reflects the fact that the instruments used in determining residual radioactivity levels at Shoreham are accurate. Phase 3, absent Item 1, still contains suf ficient detail to demonstrate compliance with NRC regulatory requirements.
9. Item 2 is of commercial value in that a substantial amount  !

of time and money was invested in devising Shoreham grid maps, i

LIPA invested nearly $300,000 on grid map production, exclusive of material and computer costs. This investment has resulted in the f l

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4 only grid maps developed for the purpose of securing the Commission's approval of a nuclear termination survey. Item 2 indicates the quality and the extent of detail which LIPA included in the grid taps as they pertain to submitted release data.

Another entity involved in nuclear termination work would commercially invest in Item 2 because it provides information as to the kind of detailed data which need to be submitted to the Commission and is not available from any other source.2' This would ultimately result in substantial reductions of cost and time in assembling a termination survey grid map plan for the Commission.

10. Nor is there a strong public interest in disclosure of Item 2. Absent such disclosure, Phase 3 still contains sufficient detail to demonstrate compliance with NRC regulatory requirements.
11. The Confidential Information is of a type customarily intended to be held in confidence by LIPA. It is so held because LIPA wishes to protect the value of all confidential commercial information it owns, including the Confidential Information, for the financial benefit of the Long Island ratepayers it represents.

LIPA is prepared to share these data with other entities engaged in decommissioning or similar projects, provided that an appropriate license and confidentiality agreement can be agreed to which would l' LIPA submitted to the Commission on January 28, 1994, an application to withhold from public disclosure similar grid maps contained within Revision 1. LIPA than submitted to the Commission on February 4, 1994, an application to withhold from public disclosure similar grid maps in Revision 2.

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allow Long Island ratepayers to recoup some of the extensive costs they have incurred in connection with decommissioning of the Facility. i

12. A total of seventy-four (74) pages from Phase 3 are requested tc be withheld from disclosure. Thousands of pages from Phase 3 will still be available for public review and thus the Commission's policies of maximizing public disclosure of data will only be minimally impacted if this request is granted.

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Richard P. Bonnifield d

Sworn to this /0 day of June, 1994 in Garden City, New York.

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. LSNRC-2173 Enclosure 3 Pages Withheld From The Termination Survey Final Report Phase 3 The following is a list of pages withheld because they are considered confidential commercial information:

Phases 1,2 and 3, Volume 1, Table 5-7 (page 5-11) -

Termination survey Instrument summary.

Phase 3, volume 2, Book 11 -

Shoreham Decommissioning Termination Survey Grid Haps:

Release Record RWOO1 - page 20 Release Record RWOO2 - pages 31 - 34 Release Record RW006 - page 20 Release Record RWOO7 - page 20 Release Record RWO10 - pages 25 - 27 Release record RWO11 - pages 04 - 05 Release Record RWO13 - page 04 Release Record RWO14 - page 04 Release Record RWO15 - page 04 Release Record RW016 - page 25 Release Record RWO17 - page 32 Release Record RWO18 - page 20 Release Record RWO19 - page 04 Release Record RWO20 - page 04 Release Record RWO21 - page 04 Release Record RWO22 - page 27 Release Record RWO23 - pages 04 - 08 Release Record RWO28 - page 04 Release Record RWO29 - page 04 Release Record RWO30 - page 04 Release Record RWO31 - page 04 Release Record RWO32 - page 04 Release Record RWO33 - page 04 Release Record RWO34 - page 25 - 26 Release Record RWO37 - pages 25 - 26 Release Record RWO38 - pages 19 - 20 Release Record RWO40 - pages 04 - 05

Phase 3, Volume 2, Book 12 -

Shoreham Decommissioning j Termination Survey Grid Maps: l 1

Release Record RWO41 - page 04 i Release Record RWO42 - page 04 Release Record RWO43 - pages 22 - 23 l Release Record RWO45 - page 04 l Release Record RWO47 - pages 30 - 32  ;

Release Record RWO50 - page 04 Release Record RWOS2 - pages 04 - 05 I Release Record RWO53 - page 04  !

Release Record RWO54 - pages 04 - 08 Release Record RWO59 - page 38 l Release Record RWO60 - page 04 l Release Record RWO61 - page 25 i Release Record RWO62 - page 19 Release Record RWO63 - page 19 Release Record RWO64 - page 04 ,

Release Record RWO65 - page 04 ,

Release Record RWO67 - page 04 Release Record RWO68 - pages 24 - 25 Release Record RWO69 - pages 19 - 20 Release Record RWO72 - page 04 Release Record RWO74 - page 22 Release Record RWO75 - page 12 Release Record SE008 - page 04 i

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