ML20059M009

Informs That Util 930714 Submittal of GE NEDC-31830P,Rev 1, Nine Mile Point Nuclear Power Station Unit 2 SAFER/GESTR- LOCA Analysis Will Be Withheld from Public Disclosure,Per 10CFR2.790

ML20059M009
Person / Time
Site:	Nine Mile Point
Issue date:	11/10/1993
From:	Menning J Office of Nuclear Reactor Regulation
To:	Robare D GENERAL ELECTRIC CO.
References
TAC-M86066, TAC-M87088, NUDOCS 9311180076
Download: ML20059M009 (4)

Text

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November 10, 1993 Docket No. 50-410 Mr. David J. Robare Project Manager, Plant Licensing General Electric _ Company 175 Curtner Avenue San Jose, California 95125

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. M86066 AND M87088)

By Niagara Mohawk Power Corporation's (NMPC's) submittals dated. July 14, 1993, and July 22, 1993, and affidavit from General Electric Company (GE) dated April 30, 1993, NMPC submitted NEDC-31830P, Revision 1, DRF-A00-03531, November 1990, a report entitled, "Nine Mile Point Nuclear Power Station Unit 2 SAFER /GESTR-LOCA Loss-of-Coolant Accident Analysis," (Proprietary) and requested that the report be withheld from public disclosure pursuant to 10 CFR 2.790. NMPC's letter dated September 14, 1993, and GE's affidavit-dated April 30, 1993, forwarded as Attachment I portions of NEDC-31830P, Revision 1, and information directly pertaining to that report and requested that the attachment be withheld from public disclosure pursuant to 10 CFR 2.790.

We have reviewed your request for withholdin' g of the GE report which was submitted by NMPC on July 14, 1933, and July 22,19', and of Attachment I to NMPC's letter dated September 14, 1993. You stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

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.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 or quality, or licensing of a similar product.

You further stated that the submitted information is classified as proprietary because it contains detailed results of analytical models, methods, and processes, including computer codes, which GE has developed, obtained NRC approval of, and applied to perform evaluations of the loss-of-coolant d' OL accident for boiling-water reactors. The development and approval of the V DO 00 10" P PDRr

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Mr. David J. Robare November 10, 1993 loss-of-coolant accident computer codes used in this analysis was achieved at a significant cost, on the order of several million dollars, to GE. The development of the evaluation process, along with-the interpretation and application of the analytical results, is derived from the extensive experience database that constitutes a major GE asset.

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

Therefore, the report entitled, "Nine Mile Point Nuclear. Power Station Unit 2 SAFER /GESTR-LOCA Loss-of-Coolant Accident Analysis," marked as proprietary, and Attachment I to NMPC's letter dated September 14, 1993, 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.

Sincerely, m h' JohnE.Menni]ng,ProjectManager. ,

Project Directorate I-I Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc: See next page

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. Niagara-Mohawk Power Corporation Mr.- David J. Robare-General ~ Electric Company Nine Mile l Point Nuclear _ Station - '

Unit-2 o cc:

9 Mark J. Wetterbahn, Esquire Regional. Administrator, Region _1 - I

. Winston & Strawn U. S.' Nuclear Regulatory Commission -

h 1400 L Street, NW. 475 Allendale Road:

Washington, DC 20005-3502 King of Prussia,_PA'19406-Mr. Richard Goldsmith Charles Donaldson,' Esquire Syracuse-University Assistant Attorney General' College of Law New York Department of Law E. I. White Hall: Campus 120 Broadway ~ .;

, Syracuse, New York 12223 New York, New York 10271,.

Resident: Inspector. 'Mr. Richard M. Kessel Nine Mile Point Nuclear Station Chair.and Executive Director P.O. Box 126 State Consumer Protection Board- '

Lycoming, New York 13093 99 Washington Avenue- -

Albany, New York-12210 Gary D. Wilson, Esquire . -

Niagara Mohawk Power Corporation Mr. John H.LMueller >

300. Erie Boulevard West Plant Manager, Unit 2 .

1 Syracuse, New York 13202 Nine Mile Point- Nuclear Station Niagara Mohawk Power Corporation- '

Mr. David K. Greene P.O. Box 32 . 1 Manager Licensing Lycoming, New York 13093 a Niagara Mohawk Power Corporation '

301 Plainfield Road Vice President - Nuclear Generation-Nine Mile Point Nuclear Station.-

Syracuse, New York 13212 Niagara Mohawk Power Corporation.

P.O. Box 32 Ms. Donna Ross Lycoming, New York 13093  :

New York State Energy Office <

2 Empire State Plaza Mr. Martin _J. McCormick, Jr. j 16th Floor .

General Manager ..

Albany, New York 12223 Safety Assessment, licensing,.

4 and Training . --

Supervisor Niagara Mohawk Power Corporation-  ;

Town of Scriba Nine Mile Point: Nuclear Station' ,

Route 8, Box 382 P.O. Box 63 Oswego, New York 13126 Lycoming, New York 13093 '

Mr. B. Ralph Sylvia .

Executive Vice President, Nuclear  ;

Niagara Mohawk Power Corporation 1

< 301 Plainfield Road: .;

Syracuse, New. York.13212-

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b Mr.' David J. Robare ' November 10, 1993 V

. loss-of-coolant : accident computer codes used in'.this analysis' was achieved at a significant cost, on the order. of several million dollars,~ to GE., The development of the evaluation process, along with the interpretation.and application of the analytical results, is derived from the extensive experience database that constitutes a major GE asset-.

We have reviewed your application.and the material in accordance with.the

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requirement of 10 CFR 2.790 and, on the basis of GE statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the report entitled, "Nine' Mile Point Nuclear Power Station Unit SAFER /GESTR-LOCA Loss-of-Coolant Accident Analysis," marked ..as proprietary, .

and. Attachment I to NMPC's letter dated September 14, 1993, 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 feture 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, ,

Original signed by:

John E. Menning, Project. Manager Project Directorate I-I Division of Reactor Projects - I/II-Office of Nuclear Reactor Regulation cc: ' See next page Distribution:

Docket File 1 RAcapra NRC & Local PDRs CVogan -

PDI-I Reading JMenning SVarga MPSiemien,OGC,15/B/18 JCalvo CCowgill, RGN-I

• See previous concurrence LA:PDI-I PM:PDI-1 OGC* 0:PDI-I 1 CVogan t.d JMenning[ ten MPSiemien RAcapra S /(0/93 h/10/93- 11/08/93 11/JD/93 / / / /

OFFICIAL RECORD COPY FILENAME: NH286066.PR0 9