ML20212N634

Responds to Request for Withholding of Portions of 860625 Rept, Fire Barrier Penetration Seals Test Documentation Summary, Per 10CFR2.790.Sections 6.0 & 7.0 Withheld

ML20212N634
Person / Time
Site:	Davis Besse
Issue date:	08/04/1986
From:	Stolz J Office of Nuclear Reactor Regulation
To:	Williams J TOLEDO EDISON CO.
References
NUDOCS 8608290051
Download: ML20212N634 (4)

Text

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August 4, 1986 Docket No. 50-346, Mr. Joe Williams, Jr.

Senior Vice Prosident, Nucleer

. Toledo Edison Company Edison. Plaza - Stop 712 300 Madison Avenue Toledo, Ohio -43652

Dear Mr. Williams:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By letter dated June 25, 1986 (No. 1267) Toledo Edison submitted a report,

" Fire Barrier Penetration Seals Test Documentation _ Summary". Your letter also indicated that Sections 6.0 and 7.0 of this report are considered proprietary by Brand Industrial Services, Inc. (BISCO) and requested that the information be withheld from public disclosure pursuant to 10 CFR 2.790.

Also included was an affidavit sworn to by Clayton W. Brown identifying the procedures and criteria used to determine if the material should be classified as proprietary.

The affidavit provides that the' submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(1) The information has been held in confidence by BISCO. Copies of the

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document are clearly identified as proprietary. In addition, whenever BISCO transmits the information to a customer, customer's agent, potential customer or regulatory agency, the transmittal requests the recipient to hold the information as proprietary. Also, in order to strictly limit any potential or

. actual customer's use of proprietary information, the following provision is

. included in all proposals submitted by BISCO and an applicable version of the proprietary provision.is included in all of BISCO contracts: '

The enclosed bid contains confidential information and trade secrets '

of Brand Industrial Services, Inc., including information about

, costs, profits, markets, scles products, key personnel, pricing policies, operational methods, and other information not readily available to the public. This bid is submitted upon the condition that (i) the information contained therein is to be used solely for e

the that purpose may be awarded of evaluating the bid to BISCO, and orfor in no connection other purposewith any)

(ii the contract information contained therein is not disclosed to any persons other

than employees of and (iii) the bid and all copies thereof are returned to BISCO in the event a contract is not awarded to BISCO.

s (2) The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing, or marketing a similar product.

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(3), The information consists of test data or other similar data concerning a process, method or component, the application of which results in a competitive advantage to BISCO.

(4) The information reveals special aspects of a process, method, component or the like, the exclusive use of which results in a competitive advantage to BISCO.

(5) The information is not available in open literature, and to the best of BISCO's knowledge is not known by current or potential domestic or foreign l

competitors of BISCO.

We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of BISCO statements, have i determined that the submitted infonnation sought to be withheld contains trade secrets or proprietary commercial information. Therefore, Sections 6.0 and 7.0 of the Davis-Besse Nuclear Power Station " Fire Barrier Penetration Seals Test Documentation Sunnary" report marked as proprietary, will be withheld from public disclosure pursuant to'10 CFR 2.790(b)(5) and Section 103(b) of the l 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 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, such as, 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.

• taYtGIMAL KI G D ST JGL1 F. STOW.'

John F. Stolz, Director PWR Project Directorate #6 .

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(3)' The information consists of test data or other similar data concerning a process,-method or component, the application of which results in a competitive advantage to BISCO. -

(4) The information reveals special aspects of a process, method, component or the like, the exclusive use of which results in a competitive advantage to BISCO.

(5) The information is not availab b in open literature, and to the best of our knowledge is not known by current or potential domestic or foreign competitors of BISCO.

We have reviewed your application and the material based on the requirements and criterja of 10 CFR 2.790 a1d, on the basis of BISCO statements, have determined that the submitted information sought to be withheld contains trade secrets and proprietary commercial information. Therefore, the Davis-Besse Nuclear Power Station " Fire Barrier Penetration Seals and Test Documentation Sunnary" report 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, in 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 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 information could then be made available for publi inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, such as, 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 rotified in advance of any

'public disclosure.

Sincerely, l John F. Stolz, Director PWR Project Directorate #6 Division of PWR Licensing-6

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1 Mr. J. Williams Davis-Besse Nuclear Power Station ,

Toledo Edison Company U. nit No. I cc:

Donald H. Hauser Esq.

, Ohio Department of Health The Cleveland Electric ATTN: Radiological Health Illuminating Company Program Director P. O. Box 5000 P. O. Box 118 Cleveland, Ohio 44101 Columbus, Ohio 43216 ,

Mr. Robert F. Peters Attorney General Manager, Nuclear Licensing Department of Attorney Toledo Edison Company -

General Edison Plaza 30 East Broad Street 300 Madison Avenue Columbus, Ohio 43215 Toledo, Ohio 4?.652 Mr. James W. Harris, Director Gerald Charnoff, Esq. (Addressee Only)

Shaw, Pittman, Potts Division of Power Generation and Trowbridge Ohio Department of Industrial Relations 1800 M Street, N.W. 2323 West 5th Avenue dashington, D.C. 20036 P. O. Box 825 Columbus, Ohio 43216 Mr. Paul M. Smart, President Mr. Harold Kohn, Staff Scientist Toledo Edison Company Power Siting Commission 300 Madison Avenue 361 East Broad Street Toledo, Ohio 43652 Columbus, Ohio 43216 Mr. Robert B. Borsum President, Board of Babcock & Wilcox County Commissioners of Nuclear Power Generation Ottawa County Division Port Clinton, Ohio 43452 Suite 200, 7910 Woodmont Avenue Bethesda, Maryland 20814- -

Resident Inspector U.S. Nuclear Regulatory Commission 5503 N. State Route 2 Oak Harbor, Ohio 43449 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 799 Roosevelt Road Glen Ellyn, Illinois 60137 l

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