SNRC-2184, Forwards Shoreham Decommissioning Project Termination Survey Final Rept Phase 4. Portions Withheld

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Forwards Shoreham Decommissioning Project Termination Survey Final Rept Phase 4. Portions Withheld
ML20079S125
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 10/12/1994
From: Bortz A, Kessel R
LONG ISLAND POWER AUTHORITY
To:
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19311B372 List:
References
LSNRC-2184, NUDOCS 9410210012
Download: ML20079S125 (15)


Text

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, Long Shorsham Nuclear Powar Station Island P.O. Box 628 Power North Country Road Aut hority - Wading River, N.Y.11792 i

i LSNRC-2184 U.S. Nuclear Regulatory Commission Document Control Desk Washington, D.C. 20555 Shoreham Decommissioning Project Termination Survey Final Report Phase 4 and Application for Withholding Per 10 CFR 2.790 Shoreham Nuclear Power Station - Unit 1 Docket No. 50-322 Ref: (1) Long Island Power Authority Letter LSNRC-2101, dated September 30, 1993; subject: Termination Survey Final Report, Pha: e I (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-2173, dated June 14,1994; subject: Termination Survey Final Report, Phase 3 (4) LongIsland Power Authority Letter LSNRC-2177, dated August 4,1994; subject: Shorehan] Decommissioning Project Termination Survey Plan -

Revision 3 (5) 10 CFR 2.790, Public inspections, Exemptions, P.equests for Withholding (6) U.S. Nuclear Regulatory Commission letter dated July 27,1994, C.L.

Pittiglio (NRC), to A.J. Bortz (LIPA); subject: Request for Withholding Confidential CommercialInformation in Accordance with 10 CFR 2.790 from Public Disclosure for Shoreham Nuclear Power Station, Unit 1, Termination Survey Report, Phase 2

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. LsNRC-2184 Page 2 of 4 Ladies and Gentlemen:

The Long Island Power Authority hereby transmits the Phase 4 Final Report of the Shoreham Decommissioning Project Termination Survey. This is the last in the series of reports by which LIPA has documented the results of the Termination Survey of the Shoreham facility. LIPA also requests that the NRC treat this cover letter as an application for withholding confidential commercialinformation in accordance with 10 CFR 2.790 (Reference 5).

The Phase 4 report covers the termination surveys performed in the Reactor Building and in the remaining plant systems associated with this structure. The area of the Radwaste Building which contains certain blocks of concrete and steel which were part of the recently removed Biological Shield Wall, previously withheld from the Phase 3 Final Report (Reference 3), is also reported. Reporting of the survey results for this area, which includes surveys of the blocks themselves, is done in accordance with the methods outlined in the Termination Survey Plan, Revision 3 (Reference 4).

The Phase 4 Final Report updates and integrates with the previously submitted Phase 1,2 and 3 Final Reports (References 1, 2 and 3} and includes Release Records for 113 of the 385 survey units which comprised the Shoreham Termination Survey as described in the Termination Survey Plan (Reference 4). Volume 1 of this report provides an accounting of all survey areas and the specific phases in which the areas have been reported.

The Phase 4 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, Phase 2 and Phase 3 reports are as follows:
1) Volume 1, Termination Survey Description and Results. This Volume replaces the previously submitted Volume 1 for Phases 1,2, and 3 in its entirety.
2) Volume 2, Books 14,15,16,17, and 18, Release Records for Phase 4 Surveys. These books are to be added to Books 1 through 13 previously submitted as part of the Phase 1, 2, and 3 Final Reports.
3) Volume 3, P:ogram Documents. Included in Enclosure 1 are updates of eight of the twelve procedures contained within the Volume 3 previously submitted. Each updated procedure replaces its counterpart in the previous'y submitted Volume 3 binder. Also included is the updated Termination Survey Plan, Revision 3, previously transmitted by Reference l
4. There has been no update of the Termination Survey Program Description since the last submittal.

. LSNRC.2184 Page 3 of 4

4) Volume 4, Supporting Documents. Included are five Nuclear Quality Assurance Department Surveillance reports conducted on termination survey activities during the Phase 4 survey. Additionally, the Nuclear Quality Assurance Department Audit Report, NOA-94X05 detailing the results of a recent 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.

The survey units reported in the Termination Survey Final Report Phese 4, along with  ;

survey units previously reported in Phases 1,2, and 3, are being maintained in the as-surveyed condition. LIPA considers these areas and equipment suitable for release for unrestricted use, subject to NRC Staff confirmation. The Phase 4 survey units are ready for inspection and confirmation surveys such as have already been performed on the Phase 1, 2, and 3 survey units.

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 information that constitutes confidential commercialinformation regarding the Phase 4 Final Report, and meets the criteria of 10 CFR 2.790(a)(4). A total of 168 pages from the Phase 4 Final Report are specified and substantiated in the attached Affidavit. LIPA requests that this information be withheld from public disclosure.

The pages proposed to be withheld from public disclosure are identified and attached as Enclosure 3. These pages have been substituted in the Phase 4 Final Report (Enclosure 1) with blank pages identifying the missing subject matter.

A request for withholding from public disclosure substantially the same confidential commercial information in the Shoreham Termination Survey Report Phase 2 was previously granted by the NRC (Reference 6).

Please do not hesitate to contact me if you have any questions or require any additional information in this matter.

1 Ve uly yours

/ .

l l f Richard M. Kessel A. Bortz i Chairman Resident Manager  !

I Long Island Power Authority i

. LSNRC-2184 Page 4 of 4

Enclosures:

1) Shoreham Decommissioning Project Termination Survey Final Report Phases 1, 2, 3, and 4 (Four Volumes)
2) Affidavit of Richard P. Bonnifield in Support of Application for Withholding Data for Public Disclosure
3) Pages Proposed to be Withheld from Public Disclosure ,

cc: D. Fauver C. L. Pittiglio T. T. Martin R. Nimitz R. Bernero, Director Office of Nuclear Material Safety and Safeguards l

f 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 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 accordance with 10 CFR 2.790. In that regard, I have been specifically delegated the function of reviewing the Shoreham Decommissioning Project Termination Survey Final Report, Phase 4

(" Phase 4") and am authorized to apply on behalf of its owner, LIPA, for withholding from public disclosure those portions of Phase 4 containing confidential commercial information.

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2. Phase 4 contains certain information that constitutes r confidential commercial information and meets the criteria of 10 l

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

Item 1: Phases 1, 2, 3 and 4, Volume 1, Table 5-8 (pages 5-

12) - Termination Survey Instrument Summary Item 2: Phase 4, Volume 2, Book 14 -

Shoreham Decommissioning Termination Survey Grid Maps:

Release Record PC001 - page 04 Release Record PC002 - page 04 Release Record PC003 - page 04 Release Record PC004 - page 04 Release Record PC005 - page 04 Release Record PC006 - page 04 Release Record PC007 - page 04 Release Record PC008 - page 04 Release Record PC009 - page 04 Release Record PC010 - page 04 Release Record PC011 - page 04 Release Record PC012 - page 04 Release Record PC013 - page 04 Release Record PC014 - page 04 Release Record RB001 - page 04 Release Record RB002 - page 04 Release Record RB003 - page 04 Release Record RB004 - page 23 Release Record RB005 - page 04 Release Record RB006 - page 23 Release Record RB007 - page 04 Release Record RB008 - page 35 Release Record RB009 - page 04 Release Record RB010 - page 04 Release Record RB011 - page 04 Release Record RB012 - page 04 Release Record RB013 - page 04 Release Record RB014 - page 04 F Section 2.790(a) (4) specifies that the Commission will not disclose certain data:

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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l Phase 4, Volume 2, Book 14 -

Shoreham Decommissioning Termination Survey Grid Maps (continued):

Release Record RB015 - page 04 Release Record RB016 - page 04 ,

Release Record RB017 - pages 04-05 Release Record RB018 - page 04 Release Record RB020 - page 04 Release Record RB021 - pages 04-05 i Release Record RB023 - page 04 Release Record RB024 - pages 04-05 Release Record RB025 - page 04 Release Record RB026 - page 04 Release Record RB028 - page 04 Release Record RB029 - page 04 i Release Record RB030 - page 04  !

Phase 4, Volume 2, Book 15 -

Shoreham Decommissioning Termination Survey Grid Maps: ,

Release Record RB031 - page 04 Release Record RB032 - page 04 Release Record RB033 - page 04 '

Release Record RB034 - pages 04-05 Release Record RB035 - page 04 Release Record RB036 - page 04 '

Release Record RB037 - page 04 i Release Record RB038 - page 04 Release Record RB039 - page 04 $

Release Record RB042 - page 04 Release Record RB043 - page 04 Release Record RB044 - page 04  :

Release Record RB045 - page 04 Release Record RB046 - pages 24-26 Release Record RB047 - page 04  :

Release Record RB048 - page 16 Release Record RB049 - page 05 i Release Record RB050 - page 16 Release Record RB051 - page 04 Release Record RB052 - page 18 Release Record RB053 - page 04 ,

Release Record RB054 - page 17 l Release Record RB055 - page 04 Release Record RB056 - page 04 Release Record RB057 - page 04 Release Record RB058 - page 04 Release Record RB059 - page 04 Release Record RB061 - page 04  !

Release Record RB062 - pages 04-06  !

Release Record RB068 - pages 04-05 Release Record RB069 - page 04 Release Record RB071 - pages 04-05 i

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Phase 4, Volume 2, Book 16 -

Shoreham Decommissioning Termination Survey Grid Maps:

Release Record RB072 - page 04 Release Record RB073 - pages 04-05 Release Record RB075 - page 04 Release Record RB076 - page 04 Release Record RB077 - page 04 Release Record RB078 - pages 25-27 Release Record RB081 - page 08 Release Record RB086 - page 04 Release Record RB089 - page 04 Release Record RB090 - page 04 Release Record RB091 - page 21 Release Record RB092 - page 15 Release Record RB093 - page 05 Release Record RB094 - page 04 Release Record RB095 - page 24 Release Record RB097 - page 16 Release Record RB098 - page 16 Release Record RB099 - page 04 Release Record RB100 - page 04 Release Record RB101 - page 04 Release Record RB102 - page 04 Release Record RB103 - page 04 Release Record RB104 - page 04 Release Record RB105 - page 04 Release Record RB106 - page 04 Release Record RB109 - pages 04-07 Release Record RB110 - page 04 Release Record RWO73 - pages 06-57

3. The Confidential Information has intrinsic commercial and proprietar-j value. Therefore, the Confidential Information should be withheld from 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 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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5. LIPA is a corporate municipal instrumentality of New York State, headquartered in Garden City, New York, created for the purpose, among others, of decommissioning the Facility.
6. The Confidential Information has not been made available to the general public. This is demonstrated by the fact that the Confidential Information currently can only be found at the Facility, LIPA headquarters, the Commission, and at the offices of certain of LIPA's contractors (such as the New York Power Authority

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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"), the Shoreham Decommissioning Project Termination Survey Plan, Revision 2

(" Revision 2"), and the Shoreham Decommissioning Project 5

Termination Survey Plans, Revision 3 (" Revision 3"),F Item 1 is the only documented summary which LIPA 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 evaluation 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 found in Item 1 and is extremely difficult to duplicate without spending extensive time and money.

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 4, absent Item 1, still contains sufficient detail to demonstrate compliance with NRC regulatory requirements.

F 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 then submitted to the Commission on February 4, 1994, an application to withhold from public disclosure the corresponding tables in Revision 2. LIPA also submitted to the Commission on August 4, 1994, an application to withhold from public disclosure j the corresponding tables in Revision 3.

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9. Item 2 is of commercial value in that a substantial amount of time and money was invested in devising Shoreham grid maps.

LIPA invested nearly $300,000 on grid map production, exclusive of material and computer costs. This investment has resulted in the 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 maps 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.I' This would ultimately result in substantial reductions of cost and time in assembling a termination survey grid map plan for the Commission.

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10. Nor is there a strong public interest in disclosure of Item 2. Absent such disclosure, Phase 4 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 i

l al LIpA submitted to the Commission on January 28, 1994, an '

application to withhold from public disclosure similar grid maps i contained within Revision 1. LIPA then submitted to the Commission on February 4, 1994, an application to withhold from public disclosure similar grid maps in Revision 2. LIPA also submitted to the Commission on August 4, 1994, an application to withhold from public disclosure similar grid maps in Revision 3.

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

12. A total of one hundred sixty-eight (168) pages from Phase 4 are requested to be withheld from disclosure. Thousands of pages from Phase 4 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. g a P. R Lpu2g Richard P. Bonnifield Sworn to this day of September, 1994 in Garden City, New York.

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NotpyPubl[h REGINA MARY PEMBERTON Notary Pubhe, Statt el New York No. 414808584 Qualified in Queens County Commission Expires Januay 31,19 6 8