ML17174A874
| ML17174A874 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 09/03/1991 |
| From: | Siegel B Office of Nuclear Reactor Regulation |
| To: | Kovach T COMMONWEALTH EDISON CO. |
| References | |
| NUDOCS 9109120062 | |
| Download: ML17174A874 (3) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 September 3, 1991 Docket Nos. 50-237 and 50-249 Mr. Thomas J. Kovach Nuclear Licensing Manager Corrunonwealth Edison Company-Suite 300 OPUS West III 1400 OPUS Place Downers Grove, Illinois 60515
Dear Mr. Kovach:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your letter dated May 3, 1991, and Advanced Nuclear Fuel Corporation's (ANF) affidavit dated April 24, 1991, you submitted Topical Report ANF-89-SO(P) entitled, "Dresden Unit 2 and Unit 3 8x8 Extended Burnup Design Report" and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
Advanced Nuclear Fuel Corporation stated that the information should be considered exempt from mandatory public disclosure for the following reasons:
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 ****
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.
The information contained in the Document is considered to be proprietary by ANF because it reveals certain distinguishing aspects of ANF design methodology which secure competitive advantage to ANF for fuel design optimization and marketability, and includes information u~.lized 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.
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 ANF design methodology and would result in substantial harm to the competitive position of ANF.
The Document contains proprietary information which is held in confidence by ANF and is not available in public sources.
(
91091~0062(910903 PDR~ ADOCK05000237 P
.EDR
Mr. Thomas September 3, 1991
.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.
Information in this Document provides insight iDto ANF design methodology developed by ANF.
ANF has invested significant resources ii1 developing the methodology as well as the strategy. for this application.
Assuming a competitor had available the same.background data and incentives as ANF,.. th~ competitor ~ight, at a minimum, develop the information for *the same 'expend.jture of manpower and,..
money as ANF. *
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We have reviewed your submittal and the mate~~al in accord~nc~:with the requirements of 10 CFR 2.790.ana, on the basis.of Advanced.Nuclear Fuel Corporation's statements, hav~.~etermined that the stibmitted information sought to be withheld contains tr~de secrets or.proprietary c.ommercial,.information.
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Therefore, we have determine.d that Top:ical Report*ANF-89-_80(.P) entitled "Dresden Unit 2 and Unit 3 8x8 Extended, Burnup pesign Report"' marked as proprietary will be withheld from pub.lie d.isclosl.ire pur.suant*'.to 10 CFR 2~790(b)(5) and Section 103(b) of the. Ato'!licl:.nergy*Acf of 1954, as amended.
Withholding from public insp'ettion shall.not affect the ~ight, if any, o.f persons properly and directly" concerned to inspect the.document.*. If the ne.ed arises, we may send copies of this information to our consultants working in this area.
We will, of course, insure that the consultant~ have signed the appropriate agreements for handling proprietary.* ~.nf ormati on.
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 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*A~t request includes your information.
In.all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance ~f any public disclosure.
DISTRIBUTION
. Docket File Pl-37 PDIII-2 r/f B. Boger J. Zwolinski B. Siege 1 M. Siemien, OGC Plant File
- W. Shafer RII I C. Moore NRC & LPDR Sincerely, Ori gi na T signed by:* L. 01 shan for Byron L. Siegel, Project Manager Project Directorate III-2 Division of Reactor Projects - II*I/IV/V Office of *Nuclear Reactor Regulation cc:
See next page OFC =ar* I*2.
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NAME OR
- BSIEGEL:
- OGC
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- MSIEMIEN Nf>'§.:
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. OFFICIAL RECORD COPY Document Name:
DRESDEN ANF
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Mr. Thomas J. Kovach Conmonwealth Edison Company cc:
Michael I. Miller, Esq.
Sidley and Austin One First National Plaza Chicago, Illinois 60690 Mr. J. Eenigenburg Plant Superintendent Dresden Nuclear Power Station Rural Route #1 Morris, Illinois 60450 U. S. Nuclear Regulatory Commission Resident Inspectors Office Dresden Station Rural Route #1 Morris, Illinois 60450 Chairman Board of Supervisors of Grundy County Grundy County Courthouse Morris, Illinois 60450 Regional Administrator Nuclear Regulatory Commission, Region III 799 Roosevelt Road, Bldg. #4 Glen Ellyn, Illinois 60137 Illinois Department of Nuclear Safety Office of Nuclear Facility Safety 1035 Outer Park Drive Springfield, Illin9_.1s 62704 Robert Neumann Office of Public Ccunsel State of Illinois Center 100 W. Randolph Suite 11-300 Chicago, Illinois 60601 Dresden Nuclear Power Station Unit Nos. 2 and 3