IA-85-912, Responds to Appeal Re Denial of FOIA Request for Proprietary Portions of NEDE-21078-P & NEDE-13442-P-01.Appeal Denied. Documents Withheld (Ref FOIA Exemption 4)
| ML20133F696 | |
| Person / Time | |
|---|---|
| Issue date: | 06/17/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Brierly B TAFT, STETTINIUS & HOLLISTER |
| References | |
| FOIA-85-912, FOIA-85-A-22 NUDOCS 8508080394 | |
| Download: ML20133F696 (1) | |
Text
- y
[* 'o,,
g UNITED STATES NUCLEAR REGULATORY COMMISSION b
g WASHING TON, D. C. 20555 l
%g.....,/ ggg gy g Ms. Billie F. Brierly Taft, Stettinius & Hollister IN RESPONSE REFER First National Bank Center, Fountain Square TO F01A-85-A-22 Cincinnati, OH 45202 (F01A-84-912)
Dear Ms. Brierly:
This is in response to your letter dated May 9, 1985, in which you appealed Mr. J. M. Felton's letter dated April 24, 1985, which denied-in-part your Freedom of Information Act (F0IA) request for copies of four specified documents. You specifically appealed the denial of the proprietary information in two records: NEDE-21078-P, " Test Results Employed by GE for BWR Containment and Vertical Vent Loads," Part 1 and Part 2, and NEDE 13442-P-01, " Mark II Pressure Suppression Test Program-Phase 1 Tests."
Acting on your appeal, I have carefully reviewed the records in this case and have determined that the withheld proprietary information still requires withholding from public disclosure pursuant to Exemption (4) of the F0IA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Commission's regulations.
Therefore, your appeal is denied.
The proprietary portions of these documents contain valuable design information that gives General Electric an opportunity to obtain an advantage over competitors who do not have access to the information. This information was obtained at considerable expense, and its release would allow competitors to utilize the information without incurring similar expense. Therefore, disclosure is not in the public interest.
This is a final agency action. As set forth in the F0IA (5 U.S.C.
552(a)(4)(B)), judicial review of this decision is available in a district court of the United States, in the district in which you reside or have your principal place of business, or in the District of Columbia.
S'ncerely, v ,
William J. Dircks Executive Director for Operations 8508080394 850617 PDR FDIA BRIERL85-A-22 PDR
t i, i
=
i l
December 6, 1984 1 Division of anlos a neoords Office of Mainistration Enc Washington, D.C. 20555 Dear Sir or Madams Under the' Freedom of Information Act, I am requesting the following docummats which are unavailable to as from the NRC Public Document Room due to their proprietary nature
~
- 1. 5E006-10320s '
- 2. MEDE-21078-Ps -
- 3. MEDee-133777
- 4. MEDR-13442-P-81.
I Thank you for your prompt response to this matter.
Sincerely, sillie F. agterly Paralegal RFE/mes 00: Thomas Y. Allmaa, Esq.
Carla T. madash J
'^{' l ? n f b d- r C Qh 4
,mwewya + .>- .
l
-f
, ";l
. i.
'e** oq 6
8 kg UNITED STATES NUCLEAR REGULATORY COMMISSION s a wAsmorow o.c.aosss A ****
/ APR 4,4 W l
Ms. Billie F. Brierly Taft, Stettinius & Hollister !
First National Bank Center IN RESPONSE REFER l Fountain Square TO F01A-84-912 i Cincinnati, OH 45202
Dear Ms. Brierly:
This is in response to your letter dated December 6,1984, in which you requested, pursuant to the Freedom of Information Act (FOIA), copies of four -
specified documents.
We have been informed by the staff that a search of pertinent files indicates that the NRC is not in possession of item number one of your request.
A nonproprietary version of the document identified at number three of your ,
request and on enclosed Appendix A is being made available for your inspection '
and copying at the NRC Public Document Room (PDR),1717 H Street, NW, Washington, DC 20555. The document will be filed in PDR folder F01A-84-912 under your name. Nonproprietary versions of the documents identified at '
numbers two and four of your request and on enclosed Appendix B have already been made publicly available at the PDR, and you informed Mr. Richard Lavins of sqy staff that you have obtained copies of these two records. Portions of these three records contain information which is confidential business (proprietary) infonnation. This information is being withheld from public disclosure pursuant to Exemption (4) of the FOIA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Comission's regulations. **
Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been determined that the information withheld is exempt from production or disclosure, and that its production cr disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. Harold R.
Denton, Director, Office of Nuclear Reactor Regulation.
This denial may be appealed to the NRC within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U. S. Nuclear Regulatory Comission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial FOIA Decision."
Sincerely, J. M. Felton, Director Division of Rules and Records Office of Administration .
Enclosures:
As stated s ' <
s 3, , e-yy7 '-'.h e u
~
W.f
+ .
Re: F01A-84-912 APPENDIX B Item No. 2 10/75 NEDE-21078-P Test Results Employed by GE for BWR Containment and Vertical Vent Loads -
Park I (172 pages) - Part 2 (212 pages)
Item No. 4 05/76 NEDE-13442-P-01 Mark II Pressure Suppression Test Program - Phase I Tests - (113 pages)
O I
l
[
he l
I