ML16266A161
| ML16266A161 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 04/19/1993 |
| From: | Wiens L Office of Nuclear Reactor Regulation |
| To: | Taylor J BABCOCK & WILCOX CO. |
| References | |
| NUDOCS 9304220014 | |
| Download: ML16266A161 (4) | |
Text
pdR*
0 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 April 19, 1993 Docket Nos. 50-269, 50-270, and 50-287 Mr. J. H. Taylor, Manager Licensing Services B&W Nuclear Technologies Engineering & Plant Services Division 3315 Old Forest Road P. 0. Box 10935 Lynchburg, Virginia 24506-0935
Dear Mr. Taylor:
SUBJECT:
WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE On February 22, 1993, a meeting was held with the NRC, Duke Power Company (DPC), and Babcock and Wilcox Nuclear Technologies (BWNT) to discuss the deyelopment status of the STAR digital module for use in reactor protection systems. Due to the proprietary nature of the meeting, the meeting was closed to the public.
Non-proprietary handouts were provided to the attendees and the NRC Public Document Room for public inspection.
By letter dated March 1, 1993, BWNT provided an affidavit supporting the proprietary handouts used during the February 22 meeting, and requested that they be withheld from public disclosure pursuant to 10 CFR 2.790 in accordance with the following criteria:
- 1.
The information reveals data or material concerning B&W research or development plans or programs of present or potential competitive advantage to B&W.
- 2.
The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing or marketing a similar product.
- 3.
The information consists of test data or other similar data concerning a process, method or component, the application of which results in a competitive advantage to B&W.
The NRC staff has reviewed BWNT's handouts based on the requirements and criteria of 10 CFR 2.790 and, on the basis of BWNT's statement, has determined that the submitted material sought to be withheld contains proprietary commercial information. Therefore, the proprietary information will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as amended.
210109 9304220014 930419
/
PDR ADOCK 05000269 P
Mr. J. H. Taylor
- 2 Withholding from public disclosure 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 disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also 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, L. A. Wiens, Project Manager Project Directorate 11-3 Division of Reactor Projects -
I/II Office of Nuclear Reactor Regulation cc: See next page
V00 Mr. J. W. Hampton Duke Power Company Oconee Nuclear Station cc:
Mr. A. V. Carr, Esquire Mr. M. E. Patrick Duke Power Company Compliance 422 South Church Street Duke Power Company Charlotte, North Carolina 28242-0001 Oconee Nuclear Site P. 0. Box 1439 J. Michael McGarry, III, Esquire Seneca, South Carolina 29679 Winston and Strawn 1400 L Street, NW.
Mr. Alan R. Herdt, Chief Washington, DC 20005 Project Branch #3 U. S. Nuclear Regulatory Commission Mr. Robert B. Borsum 101 Marietta Street, NW. Suite 2900 Babcock & Wilcox Atlanta, Georgia 30323 Nuclear Power Division Suite 525 Ms. Karen E. Long 1700 Rockville Pike Assistant Attorney General Rockville, Maryland 20852 North Carolina Department of Justice Manager, LIS P. 0. Box 629 NS Corporation Raleigh, North Carolina 27602 2650 McCormick Drive, 3rd Floor Clearwater, Florida 34619-1035 Mr. G. A. Copp Licensing -
ECO50 Senior Resident Inspector Duke Power Company U. S. Nuclear Regulatory Commission P. 0. Box 1006 Route 2, Box 610 Charlotte, North Carolina 28201-1006 Seneca, South Carolina 29678 Regional Administrator, Region II U. S. Nuclear Regulatory Commission 101 Marietta Street, NW. Suite 2900 Atlanta, Georgia 30323 Mr. Heyward G. Shealy, Chief Bureau of Radiological Health South Carolina Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201 Office of Intergovernmental Relations 116 West Jones Street Raleigh, North Carolina 27603 County Supervisor of Oconee County WaShalla, South Carolina 29621
Mr. J. H. Taylor 2 -
April 19, 1993 Withholding from public disclosure 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 disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also 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,
/s/
L. A. Wiens, Project Manager Project Directorate 11-3 Division of Reactor Projects -
I/II Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION Docket File NRC/Local PDRs PDII-3 Reading S. Varga G. Lainas D. Matthews L. Wiens L. Berry M.P.Siemien,OGC E. Jordan ACRS (10)
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