ML093290053
| ML093290053 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 11/19/2009 |
| From: | Head J GE-Hitachi Nuclear Energy Americas |
| To: | John Hughey Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| MFN-09-733 | |
| Download: ML093290053 (1) | |
Text
CI GE Hitachi Nuclear Energy HITACHI Jerald G. Head Senior Vice President GE Hitachi Nuclear Energy Regulatory Affairs P.O. Box 780 3901 Castle Hayne Road MCA18 Wilmington, NC 28402 USA T 910 819 5692 MFN-09-733 F 910 362 5692 November 19, 2009 John D. Hughey, Project Manager U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001
Subject:
Request for Withholding Information from Public Disclosure
Dear Mr. Hughey,
In your letter of November 18, 2009, you informed Exelon of an agency decision regarding a request for withholding from public disclosure certain information "owned" by GE Hitachi Nuclear Energy
("GEH") and Global Nuclear Fuel ("GNF"). Rather than requesting withdrawal of certain documents in which proprietary information was inadvertently included, Exelon requested that the NRC replace the public documents with non-proprietary versions of the documents. The NRC denied Exelon's request and the documents containing GEH/GNF proprietary information currently remain in the public domain through the NRC ADAMS document management system.
GEH/GNF plans to appeal the NRC's decision by December 17, 2009.
In order to provide an opportunity for a meaningful appeal, GEH/GNF requests that the NRC remove, from ADAMS, the Exelon documents that inadvertently released GEH/GNF proprietary information as soon as possible, during the appeal process. Even though the information has been in the public domain for some time, it retains commercial value to GEH/GNF for reasons delineated in the GNF affidavits and as will be discussed in more detail in the GEH/GNF appeal. If the information remains public during the period for appeal, it provides GEH/GNF competitors continuing access to the information, thereby exacerbating any competitive harm that may have occurred because the information was in the public domain.
Sincerely, Jerald G. Head Sr. Vice President A ooI GE-Hitachi Nuclear Energy