ML17219A300
| ML17219A300 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 12/31/1986 |
| From: | Tourigny E Office of Nuclear Reactor Regulation |
| To: | Woody C FLORIDA POWER & LIGHT CO. |
| References | |
| NUDOCS 8701130192 | |
| Download: ML17219A300 (6) | |
Text
OKG 8 11986 Z'Hgc ILp Docket No. 50-335 Mr.
C. 0.
Moody Group Vice President Nuclear Energy Florida Power 8 Light Company P.
0.
Box 14000 Juno
- Beach, Florida 33408
Dear Mr. Moody:
By your letters dated October 17 and November 26, 1986, as supplemented by Exxon Nuclear's affidavit dated November 4, 1986, you submitted document XN-NF-SF-301, 987 entitled "Fuel Rod Assembly".
The document is also identified as Figure 1 in the October 17, 1986 letter.
You requested that this document be withheld from public disclosure pursuant to 10 CFR 2.790.
Exxon Nuclear Company, Inc., stated that the above referenced document and information contained therein should be considered exempt from mandatory public disclosure for the following reasons:
1.
Information contained in this document has been classified by ENC as proprietary in accordance with the control system and policies established by ENC 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 ENC and not made available to the public.
Based on my experience, I am aware that other companies regard information of the kind contained in the document as being 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 not be disclosed or divulged.
The document contains information which is vital to the competitive advantage of ENC and would be helpful to competitors of ENC when competing with ENC.
5.
The information contained in the document is considered to be proprietary by ENC because it reveals certain distinguishing aspects of PMR fuel design which secure competitive advantage to ENC for fuel design optimization and marketability, and includes information utilized by ENC in its business which affords ENC 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.
8701130192
'8b1231 PDR ADOCK 05000335 J
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PDR l
Hr.
C. 0.
Moody 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 extremely valuable insights into PMR fuel design and would result in substantial harm to the competitive position of ENC.
7.
The document contains proprietary information which is held in confidence by ENC and is not available in public sources.
8.
In accordance with ENC'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 ENC only as required and under suitable agreement providing for non-disclosure and limited use of the information.
9.
ENC policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.
10.
This document provides information which reveals PMR fuel design developed by ENC over the past year.
ENC has invested significant dollars and man-months of effort in developing the PMR fuel design revealed in the document.
Assuming a competitor had available the same background data and incentives as ENC, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as ENC.
Me have reviewed your submittal and the material based on the requirement and criteria of 10 CFR 2.790 and on Exxon Nuclear's statements and have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, we have determined that document NN-NF-SF-301, 987 entitled "Fuel Rod Assembly" 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.
Mithholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document.
If the need arises,-we may send copies of this information to our consultants working in this area.
We will, of course, insure 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 should also understand that the NRC may have cause to review this determination in the
C 4
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/
Mr.
C.
0.
Moody "3"
- future, such as if the scope of a Freedom of Information Act 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 of any public disclosure.
Sincerely,
~<<B~nal siBnedby cc:
See next page E.
G. Tourigny, Project Manager PMR Project Directorate ¹8 Division of PMR Licensing-B DISTRIBUTION Docket File NRC PDR L PDR PBD¹8 Rdg FMiraglia ETourigny PKreutzer Gray File ESchomaker,OGC EJordan BGrimes JPartlow PBD¹A PK@dozer 12/p/86 PBD68 ETouPTgny;cf 12//'86 121
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Mr. C. 0.
Woody Florida Power 5 Light Company St. Lucie Plant CC:
Mr. Jack Shreve Office of the Public Counsel Room 4, Holland Building Tallahassee, Florida 32304 Resident Inspector c/o U.S.
NRC 7585 S.
Hwy A1A Jensen Beach, Florida 33457 State Planning 5 Development Clearinghouse Office of Planning 8 Budget Executive Office of the Governor The Capitol Building Tallahassee, Florida 32301 Harold F. Reis, Esq.
Newman 5 Holtzinger 1615 L Street, N.W.
Washington, DC 20036 Norman A. Coll, Esq.
McCarthy, Steel, Hector and Davis 14th Floor, First National Bank Building Miami, Florida 33131 Administrator Department of Environmental Regulation Power Plant Siting Section State of Florida 2600 Blair Stone Road Tallahassee, Florida 32301 Mr. Weldon B. Lewis, County Administrator St. Lucie County 2300 Virginia Avenue, Room 104 Fort Pierce, Florida 33450 Mr. Charles B. Brinkman, Manager Washington - Nuclear Operations Combustion Engineering, Inc.
7910 Woodmont Avenue
- Bethesda, Maryland 20814 Mr. Allan Schubert, Manager Public Health Physicist Department of Health and Rehabilitative Services 1323 Winewood Blvd.
Tallahassee, Florida 32301 Regional Administrator, Region II U.S. Nuclear Regulatory Commission Executive Director for Operations 101 Marietta Street N.W., Suite 2900 Atlanta, Georgia 30323
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