ML17221A339
| ML17221A339 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 08/12/1987 |
| From: | Tourigny E Office of Nuclear Reactor Regulation |
| To: | Woody C FLORIDA POWER & LIGHT CO. |
| References | |
| TAC-61216, NUDOCS 8708250060 | |
| Download: ML17221A339 (6) | |
Text
August 12I 1987 Docket No. 50-335 Mr. C. 0.
Woody Group Vice President Nuclear Energy Florida Power and Light Company P.O.
Box 14000 Juno Beach, Florida 33408 Gray File J. Partlow E. Jordan DISTRIBUTION NRC PDR Local PDR PD22 Rdg.
S.
Varga G. Lainas D, Miller E. Tourigny E. Shomaker, OGC-Bethesda
Dear Mr. Woody:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, STEAMLINE BREAK ANALYSIS - ST.
LUCIE PLANT, UNIT I (TAC NO. 61216)
By letter dated November 8, 1985, you submitted a steamline break analysis report (Exxon Report XN-NF-85-85(P)) for St. Lucie Unit I, and requested that the report be withheld from public disclosure pursuant to 10 CFR 2.790.
In addition, by "L-86-289, Forwards Fee for 851108 Submittal of Steam Line Break Event Confirmatory Reanalysis in XN-NF-85-85 (P),Per RM Diggs 860513 Request.Rept Required by Amend 63 to License DPR-67. Affidavit Supporting Withholding Per [[CFR" contains a listed "[" character as part of the property label and has therefore been classified as invalid. Encl|letter dated July 16, 1986]], you provided an affidavit of the Exxon Nuclear Company (ENC) supporting the withholding of this report from public disclosure.
In the affidavit, ENC stated that the submitted report should be considered exempt from mandatory public disclosure for the following reasons:
1.
The document XN-NF-85-85(P) entitled "Steamline Break Analysis for St. Lucie Unit 1" is referred to as "Document."
Information contained in this Document has been classified by ENC as proprietary in accordance with the control system and policies established by ENC for the control and protection of information.
2.
The document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by ENC and not made available to the public.
Based on experience, ENC is aware that other companies regard information of the kind contained in the Document as proprietary and confidential.
3.
The Document has been made available to the U.S. Nuclear Regulatory Commission in confidence, with the request that the information contained in the Document will not be disclosed or divulged.
4.
The Document contains information which is vital to a competitive advantage of ENC and would be helpful to competitors of ENC when competing with ENC.
5.
The information contained in the Document is considered to be proprietary by ENC because it reveals certain distinguishing aspects of the Exxon Nuclear steamline break analysis methodology which secure competitive advantage to ENC for fuel design optimization and marketability, and 8708250060 8708~2 PDR ADOCN, 05000335 P
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'I Mr. C. 0. Woody includes information utilized by ENC in its business which affords ENC an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information contained in the Document.
6.
The disclosure of'he proprietary information contained in the Document to a competitor would permit the competitor to reduce its expenditure of money and manpower and to improve its competitive position by giving it extremely valuable insights into the Exxon Nuclear steamline break analysis methodology and would result in substantial harm to the competitive position of ENC..
7.
The Document contains proprietary information which is held in confidence by ENC and is not available in public sources.
8.
9.
In accordance with ENC's policies governing the protection and control of information, proprietary information contained in the Document has been made available, on a limited basis, to others outside ENC only as required and under suitable agreement providing for non-disclosure and limited use of the information.
ENC policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.
10.
This Document provides information which reveals the Exxon Nuclear steamline break analysis methodology developed by ENC over the past several years.
ENC has invested millions of dollars and many man-years of effort in developing the Exxon Nuclear steamline break analysis methodology revealed in the Document.
Assuming a competitor had available the same background data and incentives as ENC, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as ENC.
We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and on the basis of ENC's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the Exxon Report XN-NF-85-85(P), 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.
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, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
pi p
- Mr. C. 0. Woody 3
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, such as, 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.
,I'incerely,
/s/,
cc:
See next page E.
G. Tourigny, Senior Project Manager Project Directorate II-2 Division of Reactor Projects-I/II 8'/
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Woody Florida Power 5 Light Company St. Lucie Plant CC:
Mr. Jack Shreve Office of the Public Counsel Room 4, Holland Building Tallahassee, Florida 32304 Resident Inspector c/o U.S.
NRC 7585 S.
Hwy AIA Jensen Beach, Florida 34957 State Planning 8 Development Clearinghouse Office of Planning 8 Budget Executive Office of the Governor The Capitol Building Tallahassee, Florida 32301 Harold F. Reis, Esq.
Newman 5 Holtzinger 1615 L Street, N.W.
Washington, DC 20036 Norman A. Coll, Esq.
McCarthy, Steel, Hector and Davis 14th Floor, First National Bank Building Miami, Florida 33131 Administratot Department of Environmental Regulation Power Plant Siting Section State of Florida 2600 Blair Stone Road Tal 1ahassee, Florida 32301 Mr. Weldon B. Lewis, County Administrator St. Lucie County 2300 Virginia Avenue, Room 104 Fort Pierce, Florida 33450 Mr. Charles B. Brinkman, Manager Washington - Nuclear Operations Combustion Engineering, Inc.
7910 Woodmont Avenue
- Bethesda, Maryland 20814 Jacob Daniel Nash Office of Radiation Control Department of Health and Rehabilitative Services 1317 Winewood Blvd.
Tallahassee, Florida 32399-0700 Regional Administrator, Region II U.S. Nuclear Regulatory Commission Executive Director for Operations 101 Marietta Street N.W., Suite 2900 Atlanta, Georgia 30323