ML043200436
| ML043200436 | |
| Person / Time | |
|---|---|
| Site: | Boiling Water Reactor Owners Group |
| Issue date: | 11/22/2004 |
| From: | Bo Pham NRC/NRR/DLPM/LPD4 |
| To: | Stramback G General Electric Co |
| Pham B, NRR/DLPM, 415-8450 | |
| References | |
| TAC MC4984 | |
| Download: ML043200436 (4) | |
Text
November 22, 2004 Mr. George Stramback Regulatory Services Project Manager GE Nuclear Energy 175 Curtner Avenue San Jose, CA 95125
SUBJECT:
GENERAL ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MC4984)
Dear Mr. Stramback:
By letter dated October 8, 2004, BWR Owners' Group submitted an affidavit dated October 8, 2004, executed by you, requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:
"BWR Fuel Data Input for BWROG BWR Fuel Gap Fraction Analysis" and "Evaluation of the Impact of Fast Transients on the GAP Release Fractions."
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 anayses, where prevention of its use by General Electric's 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.
c.
Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, resulting in potential products to General Electric.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the information contained in the documents entitled, "BWR Fuel Data Input for BWROG BWR Fuel Gap Fraction Analysis" and "Evaluation of the Impact of Fast Transients on the GAP Release Fractions" marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(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.
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 any questions regarding this matter, I may be reached at 301-415-8450.
Sincerely,
/RA/
Bo Pham, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 691 cc: See next page November 22, 2004 pursuant to 10 CFR 2.390(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.
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 any questions regarding this matter, I may be reached at 301-415-8450.
Sincerely,
/RA/
Bo Pham, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 691 cc: See next page DISTRIBUTION:
PUBLIC PDIV-2 Reading RidsNrrDlpmLpdiv (HBerkow)
RidsNrrDlpmLpdiv2 (RGramm)
RidsNrrPMBPham RidsNrrLADBaxley RidsAcrsAcnwMailCenter RidsOgcRp JWermiel MTschiltz Accession Number: ML043200436 nrr-106 OFFICE PDIV-2/PM PDIV-1/LA SRXB/SC PDIV-2/SC NAME BPham:mp DBaxley FAkstulewicz RGramm DATE 11/16/04 11/16/04 11/17/04 11/22/04 OFFICIAL RECORD COPY
BWR Owners Group Project No. 691 cc:
Mr. Joseph E. Conen Vice Chairman, BWR Owners Group DTE Energy - Fermi 2 200 TAC 6400 N. Dixie Highway Newport, MI 48166 Mr. J. A. Gray, Jr.
Regulatory Response Group Chairman BWR Owners Group Entergy Nuclear Northeast 440 Hamilton Avenue Mail Stop 12C White Plains, NY 10601-5029 Mr. H. Lewis Sumner Executive Chairman, BWROG Southern Nuclear Company 40 Inverness Center Parkway P.O. Box 1295 Birmingham, AL 35242 Mr. William Holston Manager, Engineering Services Nine Mile Point - Station OPS Building/2nd Floor P.O. Box 63 Lycoming, NY 13093 Mr. Thomas G. Hurst GE Nuclear Energy M/C 782 3901 Castle Hayne Road Wilmington, NC 28402 Mr. Thomas A. Green GE Nuclear Energy M/C 782 175 Curtner Avenue San Jose, CA 95125 Mr. James Meister Executive Vice Chairman, BWROG Exelon Cornerstone II at Cantera 4300 Winfield Road Warrenville, IL 60555 Mr. William A. Eaton ENTERGY P.O. Box 31995 Jackson, MS 39286 Mr. Aloysius Wrape General Manager, Perform Mail Code GENPL4 Two North Ninth Street Allentown, PA 18101 Mr. Richard Libra DTE Energy Fermi 2 M/C 280 OBA 6400 North Dixie Highway Newport, MI 48166 Mr. James F. Klapproth GE Nuclear Energy M/C A-16 3901 Castle Hayne Road Wilmington, NC 28402 Mr. Kenneth Putnam, Chairman BWR Owners Group Nuclear Management Company Duane Arnold Energy Center 3277 DAEC Road Palo, IA 52324