ML003689009

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GE Proprietary Licensing Topical Report NEDE-32177P, Revision 2, Tracg Qualification, Internal Generated Letter to Be Issued in Response to a Request to Withhold Proprietary Information Pursuant to (10 CFR 2.790)
ML003689009
Person / Time
Site: Boiling Water Reactor Owners Group
Issue date: 03/06/2000
From: Pulsifer R
NRC/NRR/DLPM
To: Klapproth J
General Electric Co
Pulsifer, R
References
Download: ML003689009 (4)


Text

March 6, 2000 Mr. James F. Klapproth, Manager Engineering and Technology GE Nuclear Energy 175 Curtner Avenue San Jose, CA 95125

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

Dear Mr. Klapproth:

By letter dated January 31, 2000, and affidavit dated January 31, 2000, executed by Dave Robare, GE Nuclear Energy (GENE) submitted proprietary licensing topical report NEDE-32177P, Revision 2, "TRACG Qualification," January 2000, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

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

"a.

Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEs competitors without license from GE 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; d.

Information which reveals aspects of past, present, or future GE customer-funded development plans and programs, of potential commercial value to GE."

We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of GENE 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 the document entitled, "TRACG Qualification," 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.

Mr. James F. Klapproth March 6, 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.

If you have questions regarding this matter, I may be reached at (301) 415-3016.

Sincerely,

/RA/

Robert M. Pulsifer, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 691 cc: See next page

Mr. James F. Klapproth March 6, 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.

If you have questions regarding this matter, I may be reached at (301) 415-3016.

Sincerely,

/RA/

Robert M. Pulsifer, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 691 DISTRIBUTION:

File Center cc: See next page 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 C OGC C PDIV-2/SC NAME RPulsifer EPeyton:esp JWermiel MPSiemien SDembek DATE 02/23/00 02/23/00 02/23/00 #27 03/02/00 03/06/00 DOCUMENT NAME: C:\\NEDE-32177withholding.wpd OFFICIAL RECORD COPY

Mr. James F. Klapproth 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