ML19276E715
| ML19276E715 | |
| Person / Time | |
|---|---|
| Site: | Haddam Neck, Millstone File:Connecticut Yankee Atomic Power Co icon.png |
| Issue date: | 02/23/1979 |
| From: | Ziemann D Office of Nuclear Reactor Regulation |
| To: | Counsil W CONNECTICUT YANKEE ATOMIC POWER CO. |
| References | |
| NUDOCS 7903200313 | |
| Download: ML19276E715 (3) | |
Text
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UNITED STATES 3 N.
4'4 NUCLEAR REGULATORY COMMISSION
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h[h WASHING TON, D. C. 20555 Y.$h February 23, 1979 1
Docket flos. 50-213 and 50-245 Mr. W. G. Counsil, Vice President Nuclear Engineering and Operations Connecticut Yankee Atomic Power Company Northeast Nuclear Energy Company Post Office Box 270 Hartford, Connecticut 06101
Dear Mr. Counsil:
By application dated November 3,1978, you submitted Report No.
CBO-N-78-299 entitled "The Carborundum Company Test Program for Boron Carbide Material," dated October 1978, and you requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. This report describes the requalification program tests and results associated with the structural adequacy of the B4 C material when exposed to a spent fuel pool environment. Your application enclosed an affidavit dated November 2,1978, by Mr. Robert G. Naum of the Carborundum Company in support of the withholding request.
You requested withholding of this report because the information contained therein consists of data pertaining to the manufacture, composition, testing, use and sale of boron carbide containing nuclear shielding systems, the application of which provides a competitive economic advantage, and the development of which resulted in considerable cost and manpower effort. You also stated that the information is of the type customarily held in confidence by Carborundum and is not available in public sources.
Moreover, you stated that use of the information by competitors in the international marketplace would -increase their ability to market competitive boron carbide containing nuclear shielding systems by reducing the costs associated with their technology development.
In addition, disclosure would have an adverse economic impact on Carborundum's potential for obtaining or maintaining foreign licensees.
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We have reviewed your apolication and material based on the requirements and criteria of 10 CFR 2.790 and have determined that the above-mentioned document sought to be withheld contains proprietary commercial information.
7903200313
fir. U. G. Counsil February 23, 1979 We also have found at this time that the right of the public to be fully apprised as to the bases for and effects of the proposed action does not outweigh the denonstrated concern for protection of your competitive position.
In addition, we have detemined that the nonproprietary version of the subject report (Attachnent 3 to your ! avember 3,1978 application) describes the requalification program tests and results adequately. Accordingly, we have detemined that the report should be withheld from public disclosure.
We therefore approve your request for withholding of Report No.
CB0-t!-78-299 pursuant to Section 2.790 of 10 CFR Part 2 and are withholding this document froa public inspectinn as proprietary'.
By copy of this letter, however, we are advising Mr. Robert flaun of Carborundum that all future proprietary documents will have to be' accompanied by an application and affidavit in accordance with Section 2.790 of 10 CFR Part 2.
This is in response to his request contained in the !1ovember 2,1978, affidavit that any such information disclosed to the Commission in the future be treated as proprietary.
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 infomation to our consultants working in this area. We will, of course, assure that the consultants have signed the appropriate agreements for handling proprietary data.
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 prcmptly notify the NRC.
Sincerely, A
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.4 WM j
Dennis L. Ziemann' Chief Operating Reactors Branch +2 Division of Operating Reactors cc:
See next pag.
- Mr. W. G. Couns il February 23, 1979 Cc Cay, Berry & Howard Counselors at Law One Constitution Plaza Hartford, Connecticut 06103 Superintendent Haddam Neck Plant RFD #1 Post Office Box 127E East Hampton, Connecticut 06424 Mr. James R. Himmelwright Northeast Utilities Service Company P. O. Box 270 Martford, Connecticut 06101 Russell Library 119 Broad Street Middletown, Connecticut 06457 Mr. Robert G. Naum The Carborundum Conoany Electro Minerals Division Post Office Box 423 Niagara Falls, New York 14302 William H. Cuddy, Esquire Day, Berry & Howard Counselors at Law One Constitution Plaza Hartford, Connecticut 06103 Anthony Z. Roisman Natural Resources Defense Council 917 15th Street,N. W.
Washington, D. C.
20005 Northeast Nuclear Energy Company ATTN:
Superir.tendent Millstone Plant P. O. Box 1:S Waterford, Connecticu' 06385 Nuclear Regulatory Commission, Region I Office of Inspection and Enforcement A TTN:
John T. Shedlosky 631 Park Avenue King of Prussia, Pennsylvania 19406 Jtterford Puolic Library Roae Ferry Road, Route 156
- aterferd, Connecticut 06335