ML17229A064
| ML17229A064 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 10/11/1996 |
| From: | Wiens L NRC (Affiliation Not Assigned) |
| To: | Plunkett T FLORIDA POWER & LIGHT CO. |
| References | |
| TAC-M95484, TAC-M95485, NUDOCS 9610150141 | |
| Download: ML17229A064 (5) | |
Text
gPR REGS Cy A.
Cl IIA Cy Yr
~O
++*++
~,-
~
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555<001 October 11, 1996 Mr. Thomas F. Plunkett President, Nuclear Division Florida Power and Light Company Post Office Box 14000 Juno
- Beach, Florida 33408-0420
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE ST.
LUCIE PLANT, UNITS 1
AND 2 (TAC NOS.
M95484 AND M95485)
Dear Mr. Plunkett:
An application dated May 14,
- 1996, from Mr.
W.
H. Bohlke,'Florida Power and Light Company, included a copy of Combustion Engineering Owners Group report CEN-405-P Revision 2, "Application of Reactor Vessel Surveillance Data for Embrittlement Management," July 1993.
This document was submitted in support of pressurized thermal shock evaluations for the reactor vessel beltline materials for St. Lucie, Units 1 and 2, and was requested to be withheld from public disclosure pursuant to 10 CFR 2.790.
The NRC subsequently determined that some of the information requested to be withheld was already available to the public and therefore was not considered to be proprietary.
By letter dated September 23, 1996, Florida Power and Light (FPL) submitted CEN-405-P, Revision 3, which removed the proprietary restrictions on those portions of the report which were available to the public.
A new affidavit dated September 13,
- 1996, signed by Mr. Ian Rickard of Combustion Engineering, Inc.,
requested that CEN-405-P, Revision 3 be withheld from public disclosure.
The reasons for requesting withholding of this information were:
1.
The information sought to be withheld from public disclosure, is owned and has been held in,confidence by Combustion Engineering.
It consists of the details concerning the fabrication process, material properties, and surveillance data used to develop an approach to ascertain the embrittlement of reactor vessels.
2.
The information consists of test data or other similar data concerning a process, method or component, the application of which results in substantial competitive advantage to Combustion Engineering.
3.
The information consists of the details concerning the fabrication
- process, material properties, and surveillance data used to develop an approach to ascertain the embrittlement of reactor vessels, the application of which provides a competitive economic advantage.
The availability of such information to competitors would enable them to modify their product to better compete with Combustion Engineering,
'7610150141 961011 t f PDR ADQCK, 05000335 P
e E
ri
Mr. Thomas F. Plunkett take marketing or other actions to improve their product's position or impair the position of Combustion Engineering's
- product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.
4.
Use of the information by competitors in the international marketplace would increase their ability to market nuclear steam supply systems by reducing the costs associated with their technology development.
In addition, disclosure would have an adverse economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.
We have reviewed the September 13, 1996, application and all of the supporting information in accordance with the requirements of 10 CFR 2.790 and, on the basis of Mr. Rickard's statement, have determined that the submitted material sought to be withheld contains proprietary commercial information.
Therefore, the proprietary information will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as amended.
Withholding from public disclosure 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 disclosure 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, 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.
As requested in the September 13,
- 1996, FPL letter, we have taken action to assure destruction of original copies of CEN-405-P, Revision 2, submitted to the NRC Document Control Desk, the Region II Regional Administrator, and the St. Lucie Senior Resident Inspector.
Sincerely, Leonard A. Wiens, Senior Project Manager Project Directorate II-3 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation Docket No.= 50-335 and 50-389 cc:
See next page
Mr. Thomas F. Plunkett take marketing or other actions to improve their product's position or impair the position of Combustion Engineering's
- product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.
4.
Use of the information by competitors in the international marketplace would increase their ability to market nuclear steam supply systems by reducing the costs associated with their technology development.
In addition, disclosure would have an adverse economic impact on Combustion Engineering's potential for obtaining or maintaining foreign licensees.
We have reviewed the September 13, 1996, application and all of the supporting information in accordance with the requirements of 10 CFR 2.790
- and, on the basis of Mr. Rickard's statement, have determined that the submitted material sought to be withheld contains proprietary commercial information.
Therefore, the proprietary information will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as amended.
Withholding from public disclosure 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 disclosure 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 determi;nation 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.
As requested in the September 13,
- 1996, FPL letter, we have taken action to assure destruction of original copies of CEN-405-P, Revision 2, submitted to the NRC Document Control Desk, the Region II Regional Administrator, and the St. Lucie Senior Resident Inspector.
Sincerely, Original signed by Leonard A. Wiens, Senior Project Manager Project Directorate II-3 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation Docket No. 50-335 DISTRIBUTION and 50-389 Docket-Fi 1 e.
PUBLIC cc:
See next page JJohnson DOCUMENT NAME:
G:iSTLUCIEiPROPAPER SVarga JZwolinski opy without
" = No co y To receive a copy of this document, indicate in the box:
"C attachment/enclosure "E" = Co y with attachment enclosure OFFICE PDII-3/ H PDII-3/LA OGC EHCB PDII-3 NAHE LMiens BCtayton HPSienien JStr nider FHebdon DATE 10/
/96 10/
/9 10/
/96 10/
/96 10/ II /96 OFFICIAL RECORD COPY
Nr. T. F. Plunkett Florida Power and Light Company St.
Lucie Plant CC:
Jack Shreve, Public Counsel Office of the Public Counsel c/o The Florida Legislature ill West Madison Avenue, Room 812 Tallahassee, Florida 32399-1400 Senior Resident Inspector St. Lucie Plant U.S. Nuclear Regulatory Commission 7585 S.
Hwy A1A Jensen
- Beach, Florida 34957 Joe Myers, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 J.
R.
Newman Morgan,-Lewis 5 Bockius 1800 M Street, N.W.
Washington, DC 20036 John T. Butler, Esquire
- Steel, Hector and Davis 4000 Southeast Financial Center Miami, Florida 33131-2398 Mr. Thomas R.L. Kindred County Administrator St. Lucie County 2300 Virginia Avenue Fort-Pierce, Florida 34982 Nr. Charles
- Brinkman, Manager Washington Nuclear Operations ABB Combustion Engineering,- Nuclear Power 12300 Twinbrook Parkway, Suite 330 Rockville, Maryland 20852 Nr. Bill Passetti, 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 101 Marietta Street, N.W. Suite 2900 Atlanta, Georgia 30323 H.
N. Paduano, Manager Licensing 5 Special Programs Florida Power and Light Company P.O.
Box 14000 Juno
- Beach, Florida 33408-0420 J.
A. Stall, Site Vice President St. Lucie Nuclear Plant P. 0.
Box 128 Ft. Pierce, Florida 34954-0128 J. Scarola Plant General Manager St.
Lucie Nuclear Plant P.O.
Box 128 Ft. Pierce, Florida 34954-0128 Mr. Kerry Landis U.S. Nuclear Regulatory Commission 101 Marietta Street, N.W. Suite 2900 Atlanta, Georgia 30323-0199 E. J.
Weinkam Licensing Manager St.
Lucie Nuclear Plant P.O.
Box 128 Fort Pierce, Florida 34954-0128