ML17286B144

Advises That 910506 Submittal, Answer to NRC Questions on Seismic/Loca Response of 9x9 Fuel, Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5)

ML17286B144
Person / Time
Site:	Columbia
Issue date:	10/31/1991
From:	Eng P Office of Nuclear Reactor Regulation
To:	Copeland R SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER
References
NUDOCS 9111250076
Download: ML17286B144 (6)

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Docket No. 50-397 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 October 31, 1991 Mr. R. A. Copeland, Manager Reload Licensing Advanced Nuclear Fuels Corporation 2101 Horn Rapids Road PO Box 130 Richland, Washington 99352-0130

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your application dated May 6, 1991, you submitted "Answer to NRC Questions on Seismic/LOCA Response of 9x9-9X Fuel" and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

You stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

[1]... Information contained in this Document 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 confiden-tial nature and is of the type customarily held in confidence by ANF 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 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 disr~ Ised 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 PWR 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 ma not know or use the information contained in the Document.

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Hr. R. A. Copeland

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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 extremely valuable insights into PWR 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.

[10j Information in this Document provides information into PWR licensing methodology developed by ANF.

ANF has invested significant resources in developing the PWR licensing 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 based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Advanced Nuclear Fuels

. Corporation's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial infor-mation.

Therefore, we have determined that the submitted document marked as proprie-tary 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 should also understand that the NRC may have cause to review this determination in the

Mr. R. A. Copeland 3 w future, for example, if the includes your information.

additional information from

above, you will be notified scope of a Freedom of Information Act request In all review situations, if the NRC needs you or makes a determination adverse to the in advance of any public disclosure.

Sincerely, II cc:

See next page

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Mr. R. A. Copeland 3 w future, for example, 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.

Sincer cc:

See next page Patricia L. Eng, Pro ect Manager Project Directorate V

Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation

WPPSS Nuclear Project No.

2 Washington Public Power Supply System CC:

Hr. J.

W. Baker WNP-2 Plant Manager Washington Public Power Supply System P.O.

Box 968, HD 927M

Richland, Washington 99352 G.

E.

C. Doupe, Esq.

Washington Public Power Supply System 3000 George Washington Way P. 0.

Box 968, MD 396 Richland, Washington 99532 Hr.

R.

G. Waldo, Chairman Energy Facility Site Evaluation Council Mail Stop PY-11 Olympia, Washington 98504 Hr. Alan G. Hosier, Licensing Hanager Washington Public Power Supply System P. 0.

Box 968, MD 956B Richland, Washington 99352 Hr. A. Lee Oxsen, Assistant Managing Director for Operations Washington Public Power Supply System P. 0.

Box 968, HD 1023 Richland, Washington 99352 Hr. Gary D. Bouchey, Director Licensing and Assurance Washington Public Power Supply System P. 0.

Box 968, MD 280 Richland, Washington 99352 Regional Administrator, Region V

U.S. Nuclear Regulatory Comnission 1450 Maria Lane, Suite 210 Walnut Creek, California 94596 Chairman Benton County Board of Conmissioners P. 0.

Box 190

Prosser, Washington 99350-0190 Hr. R.

C. Sorensen U. S. Nuclear Regulatory Commission P. 0.

Box 69 Richland, Washington 99352 Nicholas S. Reynolds, Esq.

Winston

& Strawn 1400 L Street, N.W.

Washington, D.C.

20005-3502 Hr. G.

C. Sorensen, Manager Regulatory Programs Washington Public Power Supply System 3000 George Washington Way P.O.

Box 968 Richland, Washington 99352