ML993560373

Request for Withholding Information from Public Disclosure

ML993560373
Person / Time
Site:	Boiling Water Reactor Owners Group
Issue date:	12/20/1999
From:	Pulsifer R NRC/NRR/DLPM/LPD3
To:	Klapproth J General Electric Co
References
NEDC-31951P Suppl 1
Download: ML993560373 (4)

Text

PtREG(,.

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 20, 1999 Mr. James F. KIapproth, Manager Engineering & Technology GE Nuclear Energy 175 Curtner Avenue San Jose, CA 95125

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

Dear Mr. Klapproth:

By letter dated November 12, 1999, and affidavit dated November 11, 1999, executed by George B. Stramback, GE Nuclear Energy (GENE) submitted topical report NEDC-31951 P, Supplement 1, "BWR Owners' Group Response to NRC Safety Evaluation of BWROG Topical Report, Implementation of Improved Water Chemistry and Technical Basis for Revised Piping Inspection Schedules,". April 1998, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

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

"(a) Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; (b) Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; (d) Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electric; (e) Information which discloses patentable subject matter for which it may be desirable to obtain patent protection."

We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of GENE statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information and should be withheld from public disclosure.

R 0: ,:*

99 -21 9

Mr. James F. Klapproth r December 20, 1999 Therefore, we have determined that the document entitled "BWR Owners' Group Response to NRC Safety Evaluation of BWROG Topical Report, Implementation of Improved Water Chemistry and Technical Basis for Revised Piping Inspection Schedules," 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 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 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.

If you have any questions regarding this matter, I may be reached at 301-415-3016.

Sincerely, obert M. Pulsifer, Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 691 DISTRIBUTION:

File Center cc: See next page PUBLIC PDIV-2 Reading SRichards MPSiemien, OGC WBateman Tclr*P*_vR 1 .nn1V ot this document. indicate "iu, in me oOX NAME RPulsiferp),- Eiyi.sp W MPSie7mien SDembek OFFICE PDIII-2/PM ICPD'V-2/LA C MBJ OGC 'PDIV-2/SCI DATE 12/ /99

/ 12/ I /99 /99 12Pi /99 12/YZ/99 DUCUMI'-N I NIEMIV. u~xLjiv-,'\w*r_.Iwitruuiurnygo.wpu OFFICIAL RECORD COPY

Mr. James F. Klapproth December 20, 1999 Therefore, we have determined that the document entitled "BWR Owners' Group Response to NRC Safety Evaluation of BWROG Topical Report, Implementation of Improved Water Chemistry and Technical Basis for Revised Piping Inspection Schedules," 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 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 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.

If you have any questions regarding this matter, I may be reached at 301-415-3016.

Sincerely, Robert M. Pulsifer, Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 691 cc: See next page

Mr. James F. Klapproth Project No. 691 cc:

Mr. James M. Kenny Mr. Thomas G. Hurst BWR Owners' Group Vice Chairman GE Nuclear Energy PP&L, Inc. M/C 182 Mail Code GENA6-1 175 Curtner Avenue Allentown, PA 18101-1179 San Jose, CA 95125 Mr. Thomas J. Rausch Mr. Thomas A. Green RRG Chairman GE Nuclear Energy Commonwealth Edison Company M/C 182 Nuclear Fuel Services 175 Curtner Avenue 1400 Opus Place, 4th Floor San Jose, CA 95125 Downers Grove, IL 60515-5701 Mr. W. Glenn Warren Mr. Drew B. Fetters BWR Owners' Group Chairman PECO Energy Southern Nuclear Company Nuclear Group Headquarters 42 Inverness Parkway MC 61A-3 P.O. Box 1295 965 Chesterbrook Blvd. Birmingham, AL 35201 Wayne, PA 19087-5691 Mr. H. Lewis Sumner Southern Nuclear Company 40 Inverness Parkway PO Box 1295 Birmingham, GA 35201 Mr. Carl D. Terry Vice President, Nuclear Engineering Niagara Mohawk Power Corporation Nine Mile Point - Station OPS Bldg/2nd Floor PO Box 63 Lycoming, NY 13093 Mr. George T. Jones PP& L, Inc.

MC GENA6-1 Two North Ninth Street Allentown, PA 18101 Mr. John Kelly New York Power Authority 14th Floor Mail Stop 14K Centroplex Building 123 Main Street White Plains, NY 10601