ML20056E100

Advises That Color Contour Plots Labeled Deposit Parameter in Encl to 102-02540-TRB/JRP,dtd 930618 Will Be Withheld (Ref 10CFR2.790),per Combustion Engineering,Inc 930617 Request

ML20056E100
Person / Time
Site:	Palo Verde
Issue date:	08/02/1993
From:	Trammell C Office of Nuclear Reactor Regulation
To:	Conway W ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR
References
NUDOCS 9308190348
Download: ML20056E100 (5)

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UNITED STATES j

j NUCLEAR REGULATORY. COMMISSION 1

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WASHINGTON. D.C. 20566-0001

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August 2, 1993

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Docket No. 50-529-Mr. William F. Conway Executive Vice President, Nuclear Arizona Public Service Company Post Office Box 53999 Phoenix, Arizona 85072-3999 1.

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE - PALO VERDE NUCLEAR GENERATING STATION UNIT 2 By your letter dated June 18, 1993, and an affidavit dated June 17, 1993, signed by S. A. Toelle, Combustion Engineering, Inc., has requested that the following proprietary document be withheld from public disclosure pursuant to 10 CFR 2.790:

Color contour plots labeled " DEPOSIT PARAMETER" in Enclosure to-102-02540-TRB/JRP, dated June 18, 1993 The Combustion Engineering affidavit forwarded with the proprietary document stated that the submitted information should be considered exempt from i

mandatory public disclosure for the following reasons:

1.

The information sought to be withheld from public disclosure, which is owned and has been held in confidence by Combustion Engineering, is the thermal-hydraulic design _ parameters of the Sys' tem 80 ' steam generators.

2.

The information consists of test data or other similar data concerning a process, method or component, the application of which results in substantial competitive advantage to Combustion Engineering.

I 3.

The information is being transmitted to the Commission in confidence under the provisions'of 10 CFR 2.790 with the understanding that_it is 1

to be received in confidence by the Commission.

4.

Public disclosure of the information is likely to cause substantial-harm to the competitive position of Combustion Engineering because:

a.

A similar product is manufactured and sold by major pressurized-water. reactor competitors of. Combustion Engineering.

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b.

Development of this information by CE required tens of-thousands of manhours and millions of dollars'. A competitor would have to undergo similar expense in generating equivalent information.

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-Mr. William F. Conway 2.-

c.

In order to acquire such information, a competitor would also require considerable time and inconvenience to determine the thermal-hydraulic design parameters of the System 80 steam generators.

d.

The information consists of the flow distribution and thermal-hydraulic performance of the. System 80 steam generators, the application of which provides a competitive. economic advantage.

u The availability of such information to competitors would enable them to modify their product to better compete with Combustion Engineering, take marketing or other actions to improve their product's position or impair the position.of Combustion Engineering's product, and avoid developing similar data and-analyses in support of their processes, methods or apparatus.

e.

Use of the information by competitors in the international marketplace would increase their ability to market nuclear steam supply systems by reducing the costs associated with their technology development.

We have reviewed your letter and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of the Combustion Engineering affidavit, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, we have determined that the document containing.the color contour plots labeled " DEPOSIT PARAMETER" in Enclosure to 102-02540-TRB/JRP, dated June 18, 1993, 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 should also -

understand that the NRC may have cause to review this determination.in the

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m Mr. William F. Conway.

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Arizona Public Service Company Palo Verde cc:

Mr. Steve Olea Jack R. Newman, Esq.

Arizona Corporation Commission Newman & Holtzinger, P.C.

-1200 W. Washington Street 1615 L Street, N.W., Suite 1000 i

Phoenix, Arizona 85007 Washington, D.C_.

20036 James A. Beoletto, Esq.

Mr. Curtis Hoskins Southern California-Edison Company Executive Vice President and P. O. Box 800 Chief Operating Officer 1

Rosemead, California 91770 Palo Verde Services l

2025 N. 3rd Street, Suite 220-

. Senior Resident Inspector

_ Phoenix, Arizona 85004-3 Palo Verde Nuclear Generating Station 5951 S. Wintersburg Road Roy P. Lessey, Jr.. Esq.

-i Tonopah, Arizona 85354-7537 Bradley W. Jones, Esq.

Akin, Gump, Strauss, Hauer and Feld a

Regional Administrator, Region V El Paso Electric Company U. S. Nuclear Regulatory Commission 1333.New Hampshire Ave., Suite _400 1450 Maria Lane Washington, D.C.

20036 3

Suite 210 t

Walnut Creek, California 94596 Mr. Thomas R. Bradish, Manager l

Nuclear Regulatory Affairs Mr. Charles B. Brinkman,- Manager Arizona-Public Service Company-Washington Nuclear Operations P. 0. Box 52034 i

ABB Combustion Engineering Nuclear Power Phoenix, Arizona 85072-2034=

l 12300 Twinbrook Parkway,-Suite 330 Rockville, Maryland 20852 Mr. Aubrey V. Godwin,. Director j

Arizona Radiation Regulatory Agency 4814 South 40 Street j

Phoenix, Arizona 85040 Chairman

-l Maricopa County Board of~ Supervisors 111 South Third Avenue Phoenix, Arizona 85003

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l Mr. William F. Conway

• 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.

Sincerely, I

i M ff).- /15w Charles M. Trammell, Sr. Project Manager j

Project Directt. rate V i

Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc: See next page 1

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August 2, 1993 Mr. William F. Conway 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.

Sincerely, Original signed by:

Charles M. Trammell, Sr. Project Manager Project Directorate V Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc:

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