ML17037B780

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Letter Responding to 10/10/1973 Letter Regarding Proprietary Fuel Densification Information
ML17037B780
Person / Time
Site: Millstone, Monticello, Dresden, Nine Mile Point, Oyster Creek, Pilgrim, Quad Cities
Issue date: 11/01/1973
From: Case E
US Atomic Energy Commission (AEC)
To: Roisman A
Berlin, Roisman and Kessler
References
Download: ML17037B780 (3)


Text

Anthony Z. Roisman.

Esq.

Berlin, Roisman and Kessler 1712 ll Street, W.H.

Washington, D. C.

20036 Nay

~ 873 D ST UTION:

<et Files (9)

AEC PDR (9)

Local PDR (9)

L Reading RP Reading EGCase VAMoore HShapar TEngelhardt GNelson GGitner AKaulbach RSBoyd Rdg.

Ntlaigret HSmith HGearin AGiambusso SKari BWR Bcanch Chi FLogan Secretariat(2)

DSkovholt RSchemel MGroff (L-327)

In the thtter of Friends of the Earth v. Jersey Central P 5 L Company, Commonwealth Edison Company. Niagra t1ohawk Power Company, tlillstone Point Company. Northern States Power Company, Boston Edison Company; Docket Nos.

5 50-237, 50-249, 50-254, 50-265, 50-22 50<<245 50-263 50-293

Dear Hr. Roisman:

In response to your October 10, 1973, letter regarding proprietary fuel densification information, relating to the above listed projects, pleased be advised that to date we have received Supplements 1-5 to ttEDtl-10735 and additional information by letter dated October 2,

1973, from the General Electric Company pertaining to GE fuel and Supplement No.

3 to Facility Change Request No. 4, dated April 17, 1973, from Jersey Central Power 5 Light. Company covering both GE and Exxon fuel in the Oyster Cre k reactor.

You have received correspondence from General Electric counsel (letter dated October 18.

1973. from John K. Restrick, Esquire) confirming that the General Electric NEDN-10735 information has been and will continue to be made available to you under the conditions outlined in the GE letter.

Further, pursuant to your letter, we have advised Jersey Central Power 5 Light of your request to execute. an agreement that would permit you to examine the proprietary. information contained in the Oyster Creek docl et.

Action by the Regulatory staff on the requests to withhold this information from public disclosure has been deferred pending receipt of non-proprietary versions of these reports.

Such non-proprietary versions have now been received and we anticipate completing the processing of these requests within the next few weeks.

Anthony, Z. Roisman, Esq.'OV 1 1973 Finally. your October 10 letter requests that we identify the bases for the'equests to withhold this proprietary information from public disclosure.

These bases are the following:

For NEDN-10735 information General Electric states that this information contains design details and analytical methods and techniques of the type which GE customarily maintains fn st ictest confidence and from public disclosure.

GE's definition of proprietary information is similar, ft maintains, to that used fn the courts to define "trade secrets."

It fs GE's opinion that revelation of this information could enable competitors to duplicate GE's fuel design and/or fts calculational methods and techniques with reduced expenditures fn money and effort.

For Supplement Ho. 3 to Change Request Ho. 4 -'Jersey Central notes that GE and Exxon nuclear consider that disclosure of this information would adversely affect them in the following manner:

The publication of this information to the extent it describes details of plant performance and data, data analysis techn1ques, and derived results fn absolute

values, which taken collectively are considered to be confidential trade secrets of the Companies.

would have serious business implfcatfon to the Companies fn that such publication (1) would destroy such nmpetitive advantage the Company may have acquired through private expenditures in developing this fnformat1on and (2) would destroy the Company's rights to legal protection against misappropriation of such information.

I'incerely, CCe See next page Griping Kyar' E.Lhes Edson G.

Case Deputy Director of Licensing 0PF(Cg 3m L:ORP...L RS (6yjb: emm SURNAME >..........+759.5........

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Anthony Z. Roisman, Esq.

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John K. Restrick, Counse1 Legal Operation General Electric Company 175 Curtner Avenue San Jose, California 95125 Geo) ge F. Trowbridge, Esq.

Shavr, Pittman, Potts 5 Trowbridge 910 - 17th Street, tl.W.

Mashington, D.

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