ML14008A294

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BWROG Proprietary Determination Letter Survey on Hl & Nfe
ML14008A294
Person / Time
Site: Boiling Water Reactor Owners Group
Issue date: 01/30/2014
From: Joe Golla
Licensing Processes Branch (DPR)
To: Leslie Hill
Southern Nuclear Operating Co
Golla J
References
Download: ML14008A294 (3)


Text

January 30, 2014 Lesa Hill Southern Nuclear Operating Company PO Box 1295 Bin B048 Birmingham, AL 35201-1295

SUBJECT:

BOILING WATER REACTOR (BWR) OWNERS GROUP (BWROG) REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

Dear Ms. Hill:

By letter dated October 31, 2013, an affidavit dated October 31, 2013, was executed and submitted by Mr. Frederick P. Schiffley, BWROG Chairman, requesting that the information contained in Enclosure 1 to Mr. Schiffleys letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. Enclosure 1 is titled as follows:

Report BWROG ECCS-WP-3/11-1, Summary of Member Responses to BWROG Survey on Strainer Head Loss and Near-Field Effects.

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the Agencywide Documents Access and Management System Electronic Library.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure because it is:

a.

Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by BWROGs competitors without license from BWROG constitutes a competitive economic advantage over other companies;

b.

Information that, if used by a competitor, would reduce its expenditure of resources or improve its 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 2.390 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 version of the submitted information 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.

L. Hill 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 301-415-1002.

Sincerely,

/RA/

Joseph A. Golla, Project Manager Licensing Processes Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Project No. 691

ML14008A294 NRR-106 OFFICE PLPB/PM PLPB/LA SSIB/BC PLPB/BC PLPB/PM NAME JGolla DBaxley SBailey AMendiola JGolla DATE 01/27/2014 01/24/2014 01/28/2014 01/29/2014 01/30/2014