ML003681583

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GE, 2.790 Letter, Request for Witholding Information from Public Disclosure
ML003681583
Person / Time
Site: Boiling Water Reactor Owners Group
Issue date: 02/09/2000
From: Pulsifer R
NRC/NRR/DLPM/LPD1
To: Klapproth J
General Electric Co
References
Download: ML003681583 (4)


Text

February 9, 2000 Mr. James F. Klapproth, Manager Engineering & Technology GE Nuclear Energy 175 Curtner Ave San Jose, CA 95125

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

Dear Mr. Klapproth:

By letter dated January 27, 2000, GE Nuclear Energy submitted NEDC-32950P, "Compilation of Improvements to GENEs SAFER ECCS-LOCA Evaluation Model," and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version was not submitted for placement in the NRC public document room.

GE stated in its affidavit dated January 25, 2000, that the information should be considered exempt from mandatory public disclosure pursuant to 10 CFR 2.790 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 Electrics competitors without license from General Electric constitutes a competitive economic advantage over other companies; 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 of quality, or licensing of a similar product;"

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information and should be withheld from public disclosure.

Therefore, we have determined that NEDC-32950P, "Compilation of Improvements to GENEs SAFER ECCS-LOCA Evaluation Model," 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.

Mr. James F. Klapproth February 9, 2000 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,

/RA/

Robert Pulsifer, Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 691 cc: See next page

Mr. James F. Klapproth February 9, 2000 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 situation, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely,

/RA/

Robert Pulsifer, Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 691 cc: See next page DISTRIBUTION:

File Center PUBLIC PDIV-2 Reading SRichards MPSiemien, OGC JWermiel To receive a copy of this document, indicate "C" in the box OFFICE PDI-2/PM C PDIV-2/LA C SRXB OGC PDIV-2/SC NAME RPulsifer EPeyton:esp JJWermiel MPSiemien SDembek DATE 02/02/00 02/01/00 02/02/00 02/07/00 02/09/00 DOCUMENT NAME: G:/PIV-2/GE/NEDE32950Pwithhold.wpd OFFICIAL RECORD COPY

Mr. James F. Klapproth February 9, 2000 cc:

Mr. George B. Stramback Regulatory Services Project Manager GE Nuclear Energy 175 Curtner Avenue San Jose, CA 95125 Mr. Charles M. Vaughan, Manager Facility Licensing GE Nuclear Energy P.O. Box 780 Wilmington, NC 28402 Mr. Glen A. Watford, Manager Nuclear Fuel Engineering GE Nuclear Energy P.O. Box 780 Wilmington, NC 28402