ML17291A207

Ack Request to Withhold from Public Disclosure Various Proprietary Marked Pages Used in 940609 Meeting with NRC & Has Determined on Basis of Affidavit That Certain Pp Marked Proprietary Can Be Withheld Pursuant to 10CFR2.790

ML17291A207
Person / Time
Site:	Columbia
Issue date:	07/12/1994
From:	Clifford J Office of Nuclear Reactor Regulation
To:	Parrish J WASHINGTON PUBLIC POWER SUPPLY SYSTEM
References
NUDOCS 9407150249
Download: ML17291A207 (10)

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l Docket No. 50-397 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, O.C. 20555-0001 July 12, 1994 Mr. J.

V. Parrish (Mail Drop 1023)

Assistant Managing Director, Operations Washington Public Power Supply System P.O.

Box 968

Richland, Washington 99352-0968

Dear Mr. Parrish:

Su~g ass <4

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE OF VARIOUS PROPRIETARY MARKED PAGES USED BY WASHINGTON PUBLIC POWER SUPPLY SYSTEM (WPPSS)

AS OVERHEAD SLIDES DURING A JUNE 9,

1994, MEETING WITH NRC By letter signed by P.

R.

Bemis of WPPSS, and affidavit signed by R. A.

Copeland of Siemens Power Corporation (SPC) both dated June 7,

1994, it is requested that the above marked enclosures be withheld from public disclosure pursuant to 10 CFR 2.790(b).

The affidavit cited the following reasons why the enclosures marked "SPC PROPRIETARY,"

"SPC-ND PROPRIETARY,"

"PRELIMINARY SPC-ND PROPRIETARY" and "Proprietary" should be designated as proprietary information.

The Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by SPC and not made available to the public.

2.

3.

4.

The information contained in the Document is considered to be proprietary by SPC because it reveals certain distinguishing aspects of SPC licensing methodology which secure competitive advantage to SPC for fuel design optimization and marketability, an'd includes information utilized by SPC in its business which affords SPC 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 SPC licensing methodology and would result in substantial harm to the competitive position of SPC.

Information in this Document provides insight into SPC licensing methodology developed by SPC.

SPC has invested significant resources in developing the methodology as well as the strategy for this application.

Assuming a competitor had available the same background data and incentives as

SPC, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as SPC.

5 L"P.4R.

9407i50249 9407i5 PDR ADOCK 05000397 fDR

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Mr. J.

V. Parrish July 12, 1994 We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790'and, on the basis of the affidavit, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the enclosures marked as "SPC PROPRIETARY,"

"SPC-ND PROPRIETARY,"

"PRELIMNINARY SPC-ND PROPRIETARY," and "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 document.

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 of 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 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, ORIGINAL SIGNED BY Theodore R.

Quay for:

James W. Clifford, Senior Project Manager Project Directorate IV-2 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation cc:

See next page DISTRIBUTION/

Docket File <

NRC

& Local PDRs PDIV-2 Reading J.

Roe E.

Adensam T.

Quay.

D. Foster-Curseen J. Clifford M.

P. Siemien, OGC K. Perkins DRPW LA PDIV-2 OGC PDIV-2/

HAHE DATE DFoster-Curseen JClif 0l"8 NSiemien r~/94 TQuay 1/

V/94 FILENAME:

A:iWITHHOLD.WNP

i 1l h

4I'

Hr. J.

V. Parrish July 12, 1994 We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790

and, on the basis of the affidavit, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the enclosures marked as "SPC PROPRIETARY,"

"SPC-ND PROPRIETARY,"

"PRELIHNINARY SPC-ND PROPRIETARY," and "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 document.

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 of 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 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, ORIGINAL SIGNED BY Theodore R.

Quay for:

James W. Clifford, Senior Project Han ager Project Directorate IV-2 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation cc:

See next page DISTRIBUTION Docket File NRC

& Local PDRs PDIV-2 Reading J.

Roe E.

Adensam T. Quay D. Foster-Curseen J. Clifford H.

P. Siemien, OGC K. Perkins OFF1CE TAHE DATE DRPW LA DFoster-Curseen 94 PDIV-2 JClif ord+

(/4 94 OGC HSiemien PDIV-2 TQuay f~/94 1/ ~94 F ILENAHE:

A:iWITHHOLD.WNP

n

Hr. J.

V. Parrish We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of the affidavit, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the enclosures marked as "SPC PROPRIETARY,"

"SPC-ND PROPRIETARY,"

"PRELIHNINARY SPC-ND PROPRIETARY," and 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 document.

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 of 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 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,

~~+

James W. Cl ifford, Seni or Project Hanager Project Directorate IV-2 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation cc:

See next page

f

Hr. J.

V. Parrish WPPSS Nuclear Project No.

2 Washington Public Power Supply System (WNP-2)

CC:

Hr. J.

H. Swailes WNP-2 Plant Manager Washington Public Power Supply System P. 0.

Box 968

Richland, Washington 99352-0968 G.

E.

C. Doupe, Esq.

(Hail Drop 396)

Washington Public Power Supply System 3000 George Washington Way

Richland, Washington 99352-0968 Hr. Warren Bishop, Chairman Energy Facility Site Evaluation Council P. 0.

Box 43172 Olympia, Washington 98504-3172 Hr. H. K. Kook (Hail Drop PE20)

WNP-2 Licensing Manager Washington Public Power Supply System P. 0.

Box 968

Richland, Washington 99352-0968 Hr. Paul R.

Bemis (Hail Drop PE20)

Regulatory Programs Manager Washington Public Power Supply System P. 0.

Box 968

Richland, Washington 99352.-0968 Regional Administrator, Region IV U. S. Nuclear Regulatory Commission Harris Tower 5 Pavilion 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 Chairman Benton County Board of Commissioners P. 0.

Box 69

Prosser, Washington 99350-0190 Hr.

R.

C. Barr.

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

Box 69

Richland, Washington 99352-0968 H. H. Philips,, Jr.,

Esg..

Winston 5 Strawn 1400 L Street, NW.

Washington;.

DC 20005-3502

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