ML20127L444

Advises That EPRI Matl in WCAP-13237, Preliminary Data on Voltage/Burst/Leakage of 3/4-Inch Diameter Tubing for ODSCC at TSP, Withheld Per 920605 Application & Affidavit & 10CFR2.790

ML20127L444
Person / Time
Site:	Farley
Issue date:	11/18/1992
From:	Hoffman S Office of Nuclear Reactor Regulation
To:	Maccoun J ELECTRIC POWER RESEARCH INSTITUTE
References
TAC-M79818, TAC-M79819, NUDOCS 9211240256
Download: ML20127L444 (4)

Text

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,, p WASmNGTON D. C. 20555 November 18, 1992

% jf Docket Nos. 50-348 and 50-364 Mr. James W. Maccoun Senior Licensing Administrator Electric Power Research Institute Office of Business Development 3412 Hillview Avenue Post Office Box 10412 Palo Alto, California 94303

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -

JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 (TAC NOS. M79818 AND M79819)

By your application and affidavit each dated June 5, 1992, you requested that Electric Power Research Institute (EPRI) material contained in WCAP-13237,

" Preliminary Data on Voltage / Burst / Leakage of 3/4 Inch Diameter Tubing for ODSCC

t TSP," dated March 1992, be withheld from public disclosure pursuant to 10 CFR 2.790.

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

Westinghouse Electric Corporation (" Westinghouse") prepared the Report under contract to EPRI. Although Westinghouse is the author of the Report, Westinghouse has assigned to EPRI all right, title, and interest in the Report and in copyrights thereto, trade secrets contained therein, and all other intellectual property rights thereto. Westinghouse has placed proprietary markings on the report to protect EPRI's interests in the Report.

The basis for which the Report should be withheld from the put,lic is set forth below:

i. The Report has been held in confidence by EPRI, its owner. All those accepting the Report must agree to preserve the confidentiality of the Report.

ii. The Report is of a type customarily held in confidence by EPRI and there is a rational basis therefore. The Report is trade secrets and is held in confidence by EPRI because to disclose it woulu prevent EPRI from licensing the Report at fees which would allow EPRI to recover its investment. If consultants and other businesses providing services in the nuclear ;.m w industry were able to publicly obtain the Report, they would be abk y! ,se it commercially for profit and avoid spending the large amount or w aey that EPRI was required to spend to prepare the Report. The rational basis that EPRI has for classifying the Report as trade secrets is the Uniform Trade Secrets Act which California adopted l

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Mr. James W. Maccoun l in 1984 and which has been adopted by over twenty states. The Uniform Trade Secrets Act defines a " trade secret" as follows:

" Trade secret" means information, inciading a formula, pattarn, compilation, program, device, method, technique, or procest. that:

(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

iii. The Report will be transmitted to the NRC in confidence.

iv. The Report is not available in public sources. EPRI developed the Report only efter making a determination that the Report was not available from public sources. It required a large expenditure of dollars for EPRI to develop the Report. In addition, EPRI was required to use a large amount of time of EPRI employees. The money spent, plus the value of EPRI's staff time in preparing the Report, show that the Report is highly valuable to EPRI. Finally, the Report was developed only after a long period of effort of at least several months.

v. A public disclosure of the Report would cause substantial harm to EPRI's competitive position and the ability of EPRI to license the Report both domestically and internationally. The Report can be properly acquired or duplicated by others only with an equivalent investment of time cM effort.

We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Electric Power Research Institute statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the version of the submitted information marked as proprietary will be I withheld from public disclosure pursuant to 10 CFR 2.7V:(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. M will, of course, ensure that the consultaris have signed the appropriate agreementr for handling proprietary information.

, if the basis for withholding this inf ,mation from public inspection should change l

in the future such that the information could then be made a able for public inspection, you should promptly notify the NRC. You should a. understand that

November 18, 1992 Mr. James W. Maccoun i 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 sitcations, if the NRC makes a determinatior adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, ORIGINAL SIGNED BY:

Stephen T. Hoffman, Project Manager Project Directorate 11-1 Division of Reactor Projects - I/11 Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION:

-_ Docket File!

NRC/ Local PDRs PD 11-1 Reading S. Varga G. Lainas E. Adensam l S. Little S. Hoffman i M. Siemien, 0GC J. Strosnider E. Murphy

- L. Plisco, ED0 E. Merschoff, R-II j cc: Plant Service List 5

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( NAME SddTe SHofk[rbms JStNknider MSie[ibnI EAkam DATE // / (t/92 /( /[/92 lI/I/92 II / U/92 ) \ /l$ /92 FILENAME: FAR79818.PR0 l

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Mr. James W. Maccoun Joseph M. Farley Nuclear Plant Electric Power Research Institute cc:

Mr. R. D. Hill, Jr. State Health Officer General Manager - Farley Nuclear Plant Alabama Department of Public Health Southern Nuclear Operating 434 Mcnroe Street Company, Inc. Montgomery, Alabama 36130-1701 Post Office Box 470 Ashford, Alabama 36312 Chairman Houston County Commission Mr. B. L. Moore Post Office Box 6406 Manager, Licensing Dothan, Alabama 36302 Southern Nuclear Operating Company, Inc. Regional Administrator, Region Il Post Office Box 1295 V. S. Nuclear Regulatory Commission Birmingham, Alabama 35201-1295 101 Marietta Street, Suita 2900 Atlanta, Georgia 30323 James H. Miller, III, Esq.

Balch and Bingham Resident inspector Post Office Box 306 U.S. Nuclear Regulatory Commission 1710 Sixth Avenue North Post Office Box 24 - Route 2 Birmingham, Alabama 35201 Columbia, Alabama 36319 Mr. W. G. H'iriton, 111 txecutive Vice President Southern Nuclear Operating Company, Inc.

Post Office Box 1295 Birmingham, Alabama 35201 J

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