ML20134M640

Informs That Licensee Request to Withhold Rept,Submitted w/960703 Application, Evaluation of Limerick Intial Core Channels for Re-Use on ex-Shoreham Fuel Bundles from Public Disclosure Per 10CFR2.790,granted

ML20134M640
Person / Time
Site:	Limerick
Issue date:	11/20/1996
From:	Rinaldi F NRC (Affiliation Not Assigned)
To:	Hunger G PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
References
TAC-M96077, TAC-M96078, NUDOCS 9611250206
Download: ML20134M640 (4)

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UNITED STATES NUCLEAR REGULATORY COMMISSION

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o WASHINGTON, D.C. 2060s-0001 4.,,p November 20, 1996 Mr. George A. ' Hunger, Jr.

Director-Licensing, MC 62A-1 PECO Energy Company Nuclear Group Headquarters Correspondence Control Desk ,

P.O. Box No. 195 i Wayne, PA 19087-0195

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE LIMERICK GENERATING STATION, UNITS 1 AND 2 (TAC NOS. M96077 AND M96078) '

Dear Mr. Hunger:

By your application dated July 3,1996, and General Electric's (GE) affidavit dated April 19, 1996, you submitted a report, " Evaluation of Limerick Initial Core Channels for Re-Use on ex-Shoreham Fuel Bundles," executed by Ralph J.

Reda, April 1996, and requested that it.be withheld from public disclosure

, pursuant to 10 CFR 2.790.

GE 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 "esources or improve his competitive position in the design, man 'acture, shipment, installation, assurance of quality, or lh znsing of a similar product.

c. The information identified in the subject report is classified as proprietary because it would provide other parties, including competitors, with information related to General Electric fuel designs, analysis results and potential commercial offerings, which were developed at a considerable expense to General Electric.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information. Therefore, the applicable portion of document 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. ,

p2*nannuay NRC HLE CENTE COPY t D

O G. Hunger 0 '

7 2-7 6 t 10 CFR 2'.-790'(b)(6)(ii)'requir'esLthat;'where applicable, a nonproprietary version of the document:be submitted. Since GE's document is not totally proprietary, GE must provide the NRC with a nonproprietary version within 30 days from.the ,date .of this letter. iln addition, GE incorrectly marked nonproprietary pages'as containing "GE Proprietary Information." As such, this legend must be, removed;from the nonproprietary version.

Withholding from,publiclinspection; 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.

Sincerely,

/S/

Frank Rinaldi, Project Manager Project Directorate I-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Docket Nos. 50-352/353 cc: See next page DISTRIBUTION Docket File PUBLIC.

PDI-2 Reading SVarga JZwolinski JStolz FRinaldi M0'Brien MPSiemien, 0GC WPasciak, RGN-I *Previously Concurred 0FFICE PDI-2/PMM-f -PDI-2/LAk OGC* b[RDI-2/D NAME FRinalddb M Brien MPSiemien JStolz DATE '!/ F /96 li / /95 0 4 11/18/96 0 /Z996 0FFICIAL RECORD COPY ,

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i G. Hunger 4 10 CFR 2.790(b)(6)(ii) requires that, where applicable, a nonproprietary version of the document be submitted. Since GE's document is not totally proprietary, GE must provide the NRC with a nonproprietary version within 30 days from the date of this letter. In addition, GE incorrectly marked nonproprietary pages as containing "GE Proprietary Information." As such,  !

this legend must be removed from the nonproprietary version. 1 4

l l Withholding from public inspection shall not affect the right, if any, of '

f 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 j appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should i 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 i determination adverse to the above, you will be notified in advance of any j public disclosure.

Sincerely, (60 N. g, -do j- Frank Rinaldi, Project Manager Project Directorate I-2

Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Docket Nos. 50-352/353 l cc

See next page i

', Mr. George A. Hunger, Jr. Limerick Generating Station, PECO Energy Company Units 1 & 2 i CC*

J. W. Durham, Sr., Esquire Mr. Rich R. Janati, Chief I

Sr. V.P. & General Counsel Division of Nuclear Safety 2 PECO Energy Company PA Dept. of Environmental Resources 2301 Market Street P. O. Box 8469 l Philadelphia, Pennsylvania 19101 Harrisburg, Pennsylvania 17105-8469 Mr. David P. Helker, MC 62A-1 Mr. Michael P. Gallagher

~

Manager-Limerick Licensing Director - Site Engineering PECO Energy Company Limerick Generating Station i 965 Chesterbrook Boulevard P. O. Box A Wayne, Pennsylvania 19087-5691 Sanatoga Pennsylvania 19464 Mr. Walter G. MacFarland, Vice President

Limerick Generating Station Mr. James L. Kantner i Post Office Box A Manager-Experience Assessment Sanatoga, Pennsylvania 19464 Limerick Generating Station P. O. Box A

. Mr. Robert Boyce Sanatoga, Pennsylvania 19464

! Plant Manager

! Li:nerick Generating Station Library

P.O. Box A US Nuclear Regulatory Commission Sanatoga, Pennsylvania 19464 Region I 475 Allendale Road Regional Administrator King of Prussia, PA 19406 U.S. Nuclear Regulatory Commission Region I Mr. Ludwig E. Thibault 475 Allendale Road Senior Manager - Operations King of Prussia, PA 19406 Limerick Generating Station P. O. Box A Mr. Neil S. Perry Sanatoga, Pennsylvania 19464 Senior Resident Inspector US Nuclear Regulatory Commission Dr. Judith Johnsrud P. O. Box 596 National Energy Committee Pottstown, Pennsylvania 19464 Sierra Club 433 Orlando Avenue Mr. Darryl P. Lequia State College, PA 16803 Director - Site Support Services Limerick Generating Station P.O. Box A Sanatoga, Pennsylvania 19464 Chairman Board of Supervisors i of Limerick Township 646 West Ridge Pike Linfield, PA 19468 l