ML17334B125
| ML17334B125 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 07/10/1987 |
| From: | Wigginton D Office of Nuclear Reactor Regulation |
| To: | Dolan J AMERICAN ELECTRIC POWER SERVICE CORP., INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG |
| References | |
| NUDOCS 8708130346 | |
| Download: ML17334B125 (4) | |
Text
July 10, 1987 Docket No.
50-316 DISTRIBUTION:
Local PDR PDI II-3 r/f GHolahan DWigginton EShoemaker PKreutzer Mr. John Dolan", Vice President Indiana and Michigan Electric Company c/o American Electric Power Service Corporation 1 Riverside Plaza
- Columbus, Ohio 43216
Dear Mr.,
Dolan:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your application and an affidavit dated May 29, 1987, you submitted Advanced Nuclear Fuels Corporation technical report XN-NF-87-31(P) entitled "Steamline Break Analysis for D. C.
Cook Unit 2" and requested. that it be withheld from public disclosure pursuant to 10 CFR 2.790.
ANF stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
I
- 1. 'The 'document4 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.
Based on my experience, I
am aware that other companies regard information of the kind contained in the Document as proprietary and confidential.
2.
"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.'.
"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.
4.
"The information contained in the document is considered to be proprietary by ANF because it reveals certain distinguishing aspects of PWR steamline break 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.
1 5.
"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 steamline break methodology and would result in substantial harm to the competitive position of ANF.
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6.
"The document contains proprietary information which is held in confidence by ANF and is not available in public sources.
7.
"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 non-disclosure and limited use of the information.
8.
"ANF policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.
9.
"This document provides information which reveals PWR steamline break methodology developed by ANF over the past several years.
ANF has invested many thousands of dollars and many man-months of effort in developing the PWR steamline break methodology revealed in the document.
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 ANF's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the report XN-NF-87-31(P) entitled "Steamline Break Analysis for D.
C.
Cook Unit 2," 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 1854, 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 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 future, such as 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, David L. Wigginton, Project Manager Project Directorate III-3 Division of Reactor Projects Office:
LA/PDI/1-3 Surname:
Plge0f&er Date:
06/g~/87 PM/ DIII-3 DWigginton Og/g /87 OGC E h maker
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