ML20217F390

Discusses Request That Proprietary Document NEDE-32907P,DRF A22-0084-53, Safety Analysis Rept for Perry NPP 5% Power Uprate, Class III Dtd Sept 1999 Be Withheld.Determined Document Proprietary & Will Be Withheld

ML20217F390
Person / Time
Site:	Perry
Issue date:	10/14/1999
From:	Pickett D NRC (Affiliation Not Assigned)
To:	Jeffery Wood AFFILIATION NOT ASSIGNED
References
TAC-MA6459, NUDOCS 9910200310
Download: ML20217F390 (5)

Text

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I( y 4 UNITED STATES g g g ' NUCLEAR REGULATORY COMMISSION I

'E WASHINGTON, D.C. 20555 4001-4,,,. October 14, 1999 Mr. John K. Wood

. Vice President - Nuclear, Perry l

FirstEnergy Nuclear Operating Company P.O. Box 97, A200 1 Perry, OH 44081-

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SUBJECT:

. REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE  !

PERRY NUCLEAR POWER PLANT, UNIT NO.1 (TAC NO. MA6459) l

Dear Mr. Wood:

By letter from FirstEnergy dated September 9,1999 (PY-CEl/NRR-2420L), and General Electnc Company's affidavit, executed by David J. Robare, dated September 8,1999, the following proprietary document was submitted:

NEDE-32907P, DRF A22-0084-53, Safety Analysis Report for Perry Nuclear Power j Plant 5% Power Uprate, Class 111 (GE Proprietary Information), dated September 1999 l

General Electric Company (GE) requested that the proprietary information be withheld from public disclosure pursuant to 10 CFR 2.790. GE stated that the information should be considered exempt from mandatory public disclosure for the following reasons:

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.(4)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; 4 (4)b . Information which, if used by.a competitor, would reduce c:s expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, ,

assurance of quality, or licensing of a similar product; . j

~(8) _ The information identified by bars in the margin is classified as proprietary because it contains detailed results and conclusions from these evaluations, utilizing analytical models and methods, including computer codes, which GE has developed, obtained NRC approval of, and applied to perform evaluations of transient and accident events in the GE Boiling Water Reactor ("BWR"). The development and approval of these system, component, and thermal hydraulic models and computer codes was achieved at a significant cost to GE, on the order of several million dallars.

The remainder of the information identified (as listed) above, is classified as proprietary because it constitutes a confidential compilation of information, including detailed results of analytical models, methods, and processes, including computer codes, and conclusions from these applications, which represent, as a whole, an integrated process W " " J* M @ jC RLF CEiEER CDPt Me P

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or approach which GE has developed, obtained NRC approval of, and applied to perform evaluations of the safety-significant changes necessary to demonstrate the regulatory acceptability of a given increase in license power output for a GE BWR. The development and approval of this overall approach was achieved at a significant additional cost to GE, in excess of a million dollars, over and above the very large cost of developing the underlying individual proprietary analyses.

To effect a change to the licensing basis of a plant requires a thorough evaluation of the g impact cf the change on all postulated accident and transient events, and all other i

regulatory requirements and commitments included in the plant's FSAR. The analytical l process to perform and document these evaluations for a proposed power uprate was l developed at a substantialinvestment in GE resources and expertise. The results from j these evaluations identify those BWR systems and components, and those postulated

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events, which are impacted by the changes required to accommodate operation at l increased power levels, and, just as importantly, those which are_n_ot so impacted, and '

the technicaljustification for not considering the latter in changing the licensing basis.

The scope thus determined forms the basis for GE's offerings to support utilities in both performing analyses and providing licensing consulting services. Clearly, the scope and

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magnitude of effort of any attempt by a competitor to effect a similar licensing change I can be narrowed considerably based upon these results. Having invested in the initial evaluations and developed the solution strategy and process described in the subject document GE derives an important competitive advantage in seiling and performing these services. However, the mere knowledge of the impact on each system and component reveals the orocess, and provides a guide to the solution strategy.

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

Therefore, the information marked as proprietary in your submittal of September 9,1999, 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 document. If the need arises, we may send copies of this information to our consultants working in this area. We will, or course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

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. 7. . 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 l promptly notify the NRC. You should also 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 needs additional information from you or makes a determination adverse to the above, you will be notified in i i advance of any public disclosure.

. Sincerely, 1

ORIGINAL SIGNED BY: l Douglas V. Pickett, Senior Project Manager, Section 2 Project Directorate lli .

Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No'. 50-440 I

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. cc: See next page Distribution' PUBLIC - PDill R/F OGC (email MPS) iJZwolinski/SBlacit. 6 GGrant, R3 m1

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~ T3 RECEl.'E A COPY r'J THis DOCUMENT, INDICATE IN THE Box: "C" = COPY WITHOuT ENCLOSURES "E" = COPY WITH ENCLOSURES "N" OFFICE Piv.LPD3 y '( LA:LPD3' Of BC:S$XB f ., ce OGC' pj SC:LPD3 '

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4 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, for example, if the scope of a Freedom of Information Act request includes yo'ur information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely,

--AvP m -

o MW Douglas V. Pickett, Senior Project Mr. nager, Section 2 Project Directorate 111 Division of' Licensing Project Management Office of Nuclear Reactor Regulation

' Docket No. 50-440 cc: See next page o

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. J. Wood ' Perry Nuclear Power Plant, Units 1 and 2 FirstEnergy Nuclear Operating Company -

. cc:

James R. Williams Mary E. O'Reilly - Chief of Staff FirstEnergy Corporation Ohio Emergency Management Agency )

76 South Main St. 2855 West Dublin Granville Road i Akron, OH 44308 Columbus, OH '43235-7150

' Resident inspector's Chee '

Mayor, Village of Perry _

U.S. _ Nuclear Regulatory Commission - P.O. Box 100

. P.O. Box 331 - Perry, OH 44081-0100

. Perry, OH 44081-0331

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Radiological Health Program i Regional Administrator, Region lli - Ohio Department of Health '

U.S. Nuclear Regulatory Commission P.O.. Box 118 801 Warrenville Road Columbus, OH 43266-0118 Lisle, IL 60532-4531 Ohio Environmental Protection

Sue Hiatt .

Agency OCRE Interim Representative ~ DERR-Compliance Unit 8275 Munson ATTN: Mr. Zack A. Clayton Mentor, _OH ,44060 P.O. Box 1049 Columbus, OH 43266-0149

. Gregory A. Dunn -

? Regulatory Affairs Manager Chairman FirstEnergy Nuclear Operating Company Perry Township Board of Trustees

!- _ Perry Nuclear Power Plant 3750 Center Road, Box 65 t

P.O. Box 97i A210 ' Perry., OH 44081 l Perry, OH 44081 l State of Ohio l William R. Kanda, Jr., Plant Manager Public Utilities Commission ,

[ FirstEnergy Nuclear Operating Company East Broad Street ' '

L Perry Nuclear Power Plant - Columbus, OH 43266-0573 I P.O. Box 97, SB306 ~

Perry, OH 44081-1 Mayor, Village of North Perry

(. . North Perry Village Hall L 4778 Lockwood Road North Perry Village, OH 44081 i i

Donna Owens, Director.

. Ohio Department of Commerce -

Division of Industrial Compliance -

Bureau of Operations & Maintenance

6606 Tussing Road -

P. O. Box 4009 Reynoldsburg, OH 43068-9009-1 i

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