ML17156B167
| ML17156B167 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 05/12/1989 |
| From: | Thadani M Office of Nuclear Reactor Regulation |
| To: | Keiser H PENNSYLVANIA POWER & LIGHT CO. |
| References | |
| TAC-72094, NUDOCS 8905300103 | |
| Download: ML17156B167 (6) | |
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t UNITED STATES NUCLEAR REGVLATORYCOMMISSION WASHINGTON, O. C. 20555 May 12, 1989 Docket Nos.
50-387 Mr. Harold W. Keiser Senior Vice President-Nuclear Pennsylvania Powe~ and Light Company 2 North Ninth Street Allentown, Pennsylvania 18101
Dear Mr. Keiser:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. 72094)
RE:
SUSQUEHANNA STEAM ELECTRIC STATION, UNIT 1 By your application dated February 2, 1989, you submitted Advanced Nuclear Fuels (ANF) Report RAC:058:88 and ANF Affidavit and requested that the ANF Report RAC:058:88 be withheld from public disclosure pursuant to 10 CFR 2.790.
The ANF stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
1.
Information contained in the Document RAC:058:88 has been classified by ANF as proprietary in accordance with the control system and policies established by ANF for the control and protection of information.
2.
The Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by ANF and not made available to the public, and other companies regard information of the kind contained in the Document as proprietary and confidential.
3.
The Document has been made available to the U.S. Nuclear Regulatory Commission in confidence, with the request that the information contained in the Document will not be disclosed or divulged.
4..
The Document contains information which is vital to a competitive advantage of ANF and would be helpful to competitors of ANF when competing with ANF.
5.
The information contained in the Document is considered to be proprietary by ANF because it reveals certain distinguishing aspects of BWR design and licensing methodology which secure competitive advantage to ANF for fuel design optimization and marketability, and includes information utilized by ANF in its business which affords ANF an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information contained in the Document.
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6.
The disclosure of the proprietary information contained in the Document to a competitor would permit the competitor to reduce its expenditure of money and manpower and to improve its competitive position by giving it valuable insights into BWR design and licensing methodology and would result in substantial harm to the competitive position of ANF.
7.
The Document contains proprietary information which is held in confidence by ANF and is not available in public sources.
8.
In accordance with ANF's policies governing the protection and control of information, proprietary information contained in the Document has been made available, on a limited basis, to others outside ANF only as required and under suitable agreement providing for nondisclosure and limited use of the information.
9.
ANF policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.
10.
Information in this Document provides insight into BWR design and licensing methodology developed by ANF.
ANF has invested significant resources in developing the BWR design and l.icensing methodology as well as the strategy for this application.
Assuming a competitor had available the same background data and incentives as ANF, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as ANF.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of ANF's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the ANF Report RAC:058:88 marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(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.
Sincerely, c'c:
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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 di sc1 osure.
S incere ly, cc:
See next page ohan C. Thada
, Project Manager Project Directorate I-2 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation
Mr. Harold W. Keiser Pennsylvania Power
& Light Company Susquehanna Steam Electric Station Units 1
& 2 CC:
Jay Silberg, Esq.
Shaw, Pittman, Potts
& Trowbridge 2300 N Street N.W.
Washington, D.C.
20037 Bryan A. Snapp,
- Esq, Assistant Corporate Counsel Pennsylvania Power
& Light Company 2 North Ninth Street Al 1 entown, Pennsyl vani a 18101 Mr. E. A. Heckman Licensing Group Supervisor Pennsylvania Power
& Light Company 2 North Ninth Street Allentown, Pennsylvania 18101 Mr. F. I. Young Resident Inspector U. S. Nuclear Regulatory Comnission P.O.
Box 35 Berwick, Pennsylvania 18603-0035 Mr. Thomas M. Gerusky, Director Bureau of Radiation Protection Resources Commonwealth of Pennsylvania P. 0.
Box 2063 Harrisburg, Pennsylvania 17120 Mr. Jesse C. Tilton, III Allegheny Elec. Coorperative, Inc.
212 Locust Street P.O.
Box 1266 Harrisburg, Pennsylvania 17108-1266 Mr. W. H. Hirst, Manager Joint Generation Projects Department Atlantic Electric P.O.
Box 1500 1199 Black Horse Pike Pleasantville, New Jersey 08232 Regional Administrator, Region I U.S. Nuclear'egulatory Commission 475 Allendale Road King of Prussia, Pennsylvania 19406