ML20132B310

Responds to Stated Ltrs & Affidavits Requesting Withholding of Listed Documents Per 10CFR2.790.Request Approved Due to Info Containing Trade Secrets & Proprietary Info

ML20132B310
Person / Time
Site:	Vermont Yankee
Issue date:	09/20/1985
From:	Vassallo D Office of Nuclear Reactor Regulation
To:	Capstick R VERMONT YANKEE NUCLEAR POWER CORP.
References
NUDOCS 8509260155
Download: ML20132B310 (3)

Text

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September 20, 1985 1

Docket No. 50-271 DISTRIBUTION iDocket' File-NRC PDR Local PDR ORB #2 Reading Mr. R. W. Capstick HThompscn Licensing Engineer SNorris Vemont Yankee Nuclear Power Corporation VRooney 1671 Worcester Road ELJordan Framingham, Massachusetts 01701 BGrimes JPartlow Dear Mr. Capsticki 0 ELD /ACRS.(10)

Gray File

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE Re: Vemont Yankee Nuclear Power Station By your letters dated July 27, 1981, May 18, 1981, March 17, 1983, and April 8, 1983, as supported by affidavits dated July 27, 1981, May 19, 1981, March 17, 1983, and April 8,1983 and supplemental affidavit dated February 5, 1985, you' submitted the following reports and requested that they be withheld from public disclosure pursuant to 10 CFR 2.790:

S. P. Schultz and K. E. St. John, " Methods for the Analysis of 0xide Fuel Rod Steady-State Themal Effects (FROSSTEY): Code /Model Description Manual," Yankee Atomic Electric Company Report YAEC-1249P (Proprietary), April 1981.

S. P. Schultz and K. E. St. John, " Methods for the Analysis of 0xide Fuel Rod Steady-State Thermal Effects (FROSSTEY): Code Qualification and Application," Yankee Atomic Electric Company Report YAEC-1265P (Proprietary), June 1981.

Enclosure to letter L. H. Heider (VYNPC) FVY 83-22 to D. G. Eisenhut (NRC) on " Response to Questions on Yankee Atomic Electric Company Fuel

Performance Code (FROSSTEY)" dated March 17, 1983.

Enclosure to letter L. H. Heider (VYNPC) FVY 83-26 to D. G. Eisenhut on " Additional Response to Questions on Yankee Atomic Electric Company Fuel Perfomance Code (FROSSTEY)" dated April 8,1983.

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

1. The material contained in the enclosures was obtained at considerable-expense, approximately $300,000, to Yankee Atomic Electric Company, Vermont Yankee Nuclear Power Corporation, Maine Yankee Atomic Power Corporation, and New Hampshire Yankee Division of Public Service i

8509260155 850920 l PDR ADOCK 0 % 2 i P

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Company of New Hampshire, and release of this Information would seriously affect your competitive position as a supplier of nuclear design analysis software and services.

2. The Information contained in the transmittals is of the type

, customarily held in confidence and not customarily disclosed to the public.

3. The Information was transmitted to the Commission in confidence under the provisions of 10 CFR 2.790.

4. The Information is for Comission internal use only and should not be released to persons or organizations outside the Directorate of Regulation and the ACRS without prior approval of Yankee Atomic 4

Electric Company. Should it become necessary to release this Information to such persons as part of the review process, please contact. Yankee Atomic Electric Company and the necessary arrangements to protect this proprietary Information will be made. .

We have reviewed your reports and the affidavits based on the requirements i and criteria.of 10 CFR 2.790 and have determined that the submitted information sought to be withheld contains trade secrets or proprietary

commercial information relating to your code development.

i We have determined that the versions of the submitted Information marked as 4

proprietary.should be withheld from the 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, insure that the consultants have signed the appropriate agreements for handling proprietary infonnation.

If the basis for withholding this information from public inspection should-

' change 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, such as 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 advance of any public disclosure.-

Sincerely, Original' signed by/

Domenic B. Vassallo, Chief Operating Reactors Branch #2 Division of Licensing

cc:

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Mr. R. W. Capstick Vemont Yankee Nuclear Power Corporation Vermont Yankee Nuclear Power Station cc:

Pr. W. F. Conway W. P. Murphy, Vice President &

President & Chief Executive Officer Manager of Operations Vermont Yankee Nuclear Power Corp. Vermont Yankee Nuclear Power Corp.

R. D. 5, Box 169 Ferry Road R. D. 5. Box 169 Ferry Road Brattleboro, Vermont 05301 Brattleboro, Vemont 05301 Mr. Donald Hunter, Vice President Mr. Gerald Tarrant , Comnissioner Vermont Yankee Nuclear Power Corp. Vermont Department of Public Service 1671 Worcester Road 120 State Street Framingham, Massachusetts 01701 Montpelier, Vemont 05602 New England Coalition en Nuclear Pollution Hill and Dale Fam Public Service Board R. D. 2, Box 223 Putney, Vermont 05346 State of Vermont 120 State Street Montpelier, Vermont 05602 Mr. Walter Zaluzny Chaiman, Board of Selectman Vermont Yankee Decommissioning Post Of' ice Box 116 Alliance Vernon, Vermont 05345 Box 53 Montpelier, Vermont 05602-0053 J. P. Pelletier, Plant Manager Vermont Yankee fluclear Power Corp.

• Post Office Box 157 Resident Inspector Vernon, Vemont 05354 U. S. Nuclear Regulatory Corrission Raymond N. McCandless Post Office Box 176 Vernon, Vermnt 05354 Vermont Division of Occupational

& Radiological Health Administration Building Yemont Public Interest Research Group, Inc.

10 Baldwin Street 43 State Street Montpelier, Vemont 05602 Montpelier, Vermont 05E02 Honorable John J. Easton Thomas A. Murley Attorney General Regional Adninistrator State of Vermont Region 1 Office 109 State Street U. S. Muclear Regulatory Corrission ifontpelier, Vermont 05602 631 Park Avenue King of Prussia, Pennsylvania 19406 John A. P.itscher, Esquire Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110