ML18142B947

R. E. Ginna - Letter Transmitting 3 Signed Originals and 19 Copies of Document Entitled, Application for Amendment to Operating License.

ML18142B947
Person / Time
Site:	Ginna
Issue date:	01/06/1978
From:	LeBoeuf, Lamb, Leiby & MacRae, Rochester Gas & Electric Corp
To:	Case E Office of Nuclear Reactor Regulation
References
Download: ML18142B947 (11)

Text

'o.F503 NRCPoRM 19!i UAo NUCLEAR REGULATORY COMMISSION OOC T NUM R i'2 is)

FILE NUMBER NRC DISTRIBUTION FGR PART 50 OOCKET MATERIAL

'O". FRQMI OATS OF DOCUMENT Leboeuf, Lamb, Leiby & MacRae 1/6/78 Mr. Edson G+ Case Mashington, D. C OATS RECEIVED LeBoeuf Lamb Leib & MacRae 1/9/78 QNOTORI2EO PROP INPUT FORM NUMBER OF COPIES RECEIVED ORIG INAI QUNCLASSIPIED COPY

'ESCRIPTION ENCLOSURE Requesting withholding pursuant ~.'I',o to Section 2+790i ~ ~ Liceaaa No DPR-18 Appl for Amend: tech nosed chanae concerning operation specs pr cra~c of the W~icilj.

z.n Eonnection with the commencement of Fuel Cycle 8~ iw/att II Affidavit~ notorized'X2j.'2gj)7 ' ,and

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NOTE TO 'ND/OR LOCAL PUBLIC DOCUMENT ROOMS The following item submitted, with letter dated 4 78 from being withheld from public disclosure,, pending review, in .accordance with Section 2.790.

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LEBOEUF, LAMB, LEIBV 8, MACRAE 1757 N STREET, N.W.

WAsHINGToN, D. C. 2OQ36 TELEPHONE tct CAQLK ADDAEQQ LEON A ALLCN, JR. CAMCRON F MAcRAE Q D RANDALLJ LQSDEUF,JA. IQtQ IQTS LEQWIMIWASHINGTDN,D,C JOSCPH C BACHELDER III CAMKRON F M*cRAE,IIIQ ADAIAN C LKIBY IQSt IQIS CRNCST S BALLARD,JIL GCRARD A MAHER TELEXI QQOtIQ O. S. PCTCR BERGLN + SHCILA H. MARSHALL GCOFFRY D.C BCST JAMLS G. MCELROY DAVID P. DICKS JAMES P MCGRANCRY,JRP ~ OP COVNQCL TAYLOR R, BRIOOS PHILIP PALMER MCOUIOAN CHARLES N. BURGER JAMES O'ALLEY JR.Q AAVIN C UPTON THOMAS E BURKE ~ J. MICHAEL PARISH OGER D. FCLDMAH Q JOHN A.RVDY VOCNC R. FIDELL Q PAUL G. RUSSELL JACOB FRIEDLANDCR HAROLD M. SCIDCL DONALD J OREENL CHARI,CS P, SIFTON IQO QAOADWAY JAMKS A. GRCCReII Q HALCYON O. SKINNER JOHN L.OAOSC 4 JOSFPH S. STRAUSS NEW YDAK, N.Y. IODOS DOUGLAS W.HAWKS CARL D.HOBCLMAN MICHAEL IOVENKO +'

SAMUCI. M,SUDDEN EUGENE 8. THOMAS, JR. Q January 6, 197 TELEPIIDNE tlt tdQ IIDD JAMES F. JOHNSONo LKONARD M TROSTEN 4 CABLE ADDAESS RONALD D.JONES HARRY H VOIOTi4 LEX K.LARSONQQ H RICHARD WACHTEL LEQWIN~ NEW YORK GRANT S.LEWIS OCRARO P WATSON TELEX: QttQIS RESIDENT PARTNERS WASHINGTON OFFICC Q ADMITTED TO THC DISTRICT OF COLUMBIA BAR Pm. >978~

Mr. Edson G. Case eZI Acting Director mme~

Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Rochester Gas and Electric Corporation R. E. Ginna Nuclear Power Station, Unit No. 1 Docket No. 50-244

Dear Mr. Case:

As counsel for Rochester Gas and Electric Corporation,,

we hereby transmit three (3) signed originals and nineteen (19) copies of a document entitled, "Application for Amendment to Operating License." This Application seeks to amend the Technical Specifications set forth in Appendix A to Provisional Operating License No. DPR-18 to permit operation of the Ginna plant in connection with the commencement of Fuel Cycle 8.

The proposed technical specifications changes are set forth in Attachment A to this Application, and a safety evaluation is set forth in Attachment B. Forty (40) copies of these two documents are transmitted herewith.

Attachment B references a report XN-76-40 and Addendum.

That report 'is a topical report which was submitted to the NRC by Exxon Nuclear Company in February 1977. Attachment B also refers"to a report entitled HR. E. Ginna Nuclear Plant Cycle 8 Safety Analysis Report - December 1977" prepared by Exxon Nuclear Company, Inc. (XN-NF-77-53). Forty (40) copies of that, report are supplied herewith.:

The report XN-NF-77-53 references in turn three other reports prepared by Exxon Nuclear Company, as follows:

1. XN-NF-77-40, "Plant Transient Analysis for the R. E. Ginna Unit 1 Nuclear Power Plant,"

November 1977;

2. 'N-NF-77-58, "ECCS Analysis for the R. E.

Ginna Reactor with ENC NREM-2 PWR Evaluation Model" December 1977; r

3. XN-NF-77-52 (P)., "R. E. Ginna Reload Fuel De-sign," December 1977.

Forty (40) copies of each of these reports are also trans-mitted with this letter. XN-NF-77-52(P), listed above as item (3), contains information of a proprietary and confi-dential nature to Exxon Nuclear Company, Inc. Accordingly, the Applicant requests that. XN-NF-77-52(P) be withheld from public disclosure in accordance with Sections 2.790 and 9.5 of the Commission's regulations. The basis for our request.

for confidential treatment is set forth in detail in the enclosed affidavit of Roy Nilson, sworn to on December 22, 1977.

Finally, a Certificate of Service is also enclosed.

Very truly yours,

~ <Q~g/,~,.u, LeBoeuf, Lamb, Leiby & MacRae Attorneys for Rochester Gas and Electric Corporation

AFFIDAVIT m

STATE OF Washington ss ~

COUNTY OF Benton I, Roy Nilson, being duly sworn, hereby say and depose:

l. I am Manager, Quality Assurance and Licensing, for Exxon Nuclear Company, Inc. ("ENC") and as such I am authorized to execute this Affidavit.

2. I am familiar with ENC's detailed document control system and policies which govern the protection and control of information.

3. I am familiar with the document entitled XN-NF-77-52 (P),

"R. E. Ginna Reload Fuel Design", referred to as "Document". Information contained in this Document has been classified by ENC as proprietary in accordance with the control system and policies established by ENC for the control and protection of information.

4. The Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by ENC and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in the Document as being proprietary and confidential.

5. The Document has been made available to the United States Nuclear Regulatory Commission in confidence, with the request that the information contained in the Document not be disclosed or divulged.

6. The Document contains information which is vital to a competitive advantage of ENC and would be helpful to competitors of ENC when competing with ENC.

7. The information contained in the Document is considered to be proprietary by ENC because it reveals certain distinguishing aspects of fuel design and fuel design methods which secure competitive economic advantage to ENC by design optimization and improved marketability, and includes information utilized by ENC in its business which affords ENC an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information contained in the Document.

8. The disclosure of the proprietary information contained in the Document to a competitor would permit the competitor to reduce its expenditure of money and manpower and to improve its competitive position by giving it extremely valuable insights into ENC's analysis, testing, design and manufacturing procedures and would result in substantial harm to the competitive position of ENC.

9. The Document contains proprietary information which is held in confidence by ENC and is not available in public sources.

l0. In accordance with ENC's policies governing the protection and control of information, proprietary information contained in the Docu-ment has been made available, on a limited basis, to others outside ENC I

only as required and under suitable agreement providing for non-disclosure and limited use of the information.

ll. ENC policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis. Checks are made routinely to assure the policy procedures are being met.

12. This Document provides a composite of a major portion of the mechanical fuel design technology developed by ENC over the past several years. ENC has invested several million dollars and many man-years of effort in developing this information. Assuming a competitor had available the same background data and incentives as ENC, the competitor might, as a minimum cost, develop the information for the same expenditure of manpower and money as ENC.

13. Based on my experience in the industry, I do not believe that the background data and incentives of ENC's competitors are sufficiently similar to the corresponding background data and incentives of ENC that it is reasonable to expect such competitors would be in a position to duplicate ENC's proprietary information contained in the documents.

THAT the statements made hereinabove are, to the best of my knowledge, information, and belief, truthful and(,complete.

FURTHER AFFIANT SAYETH NOT SWORN TO AND SUBSCRIBED before me this WA day of

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