ML19296C386

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Approves 790227 Request to Withhold Pages II & P-1 Through P-6 of 790226 License Application from Public Insp (Ref 10CFR2-790)
ML19296C386
Person / Time
Site: 07002219
Issue date: 07/27/1979
From: Cunningham R
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Nilson R
SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER
References
NUDOCS 8002250737
Download: ML19296C386 (2)


Text

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JUL 2 71979 FCPF:RLS 70-2219 Exxon Nuclear Company, Inc.

ATTN: fir. Roy Nilson, Manager Licensing 2955 George Washington Way Richland, Washington 99352 Gentlemen:

By letter dated February 26, 1979, you transmitted a proprietary portion of the license application transmitted with that letter. The proprietary information is given on pages ii, P-1, P-2, P-3, P-4, P-5, and P-6 and is appropriately marked. With the letter of February 26, 1979, you also transmitted an affadavit dated February 27, 1979, and requested confidential treatment of the proprietary portion of the application.

In the affadavit you provided your reasons for withholding this infomaticn and included the following:

1.

The information sought to be withheld from public disclosure is owned by Exxon Nuclear Company, Inc. (ENC) and Jersey Nuclear -

Avco Isotopes, Inc. (JNAI) and has been held in confidence by ENC and JNAI.

2.

The information is of a type customarily held in confidence by JNAI and not customarily disclosed to the public. JNAI has a rational basis for detemining the types of infomation customarily held in

' confidence by it.

3.

The proprietary information, for which protection is sought, re-presents a substantial investment by JNAI and has significant present and potential future value to JNAI, as it would to JNAI's competitors.

4.

Public disclosure of the infomation sought to be withheld is likely to cause substantial harm to the competitive position of JNAI, taking into account the value of the infomation to JNAI, the amount of effort and money expended by JNAI in developing the infomation, and considering the ways in which the information could be acquired or duplicated by others.

8002250

T.

Mr. R. Nilson JUL 2 71979 5.

The information is not available in public sources to the best of JNAI's knowledge and belief.

We have reviewed your application 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 trade secrets or confidential or privileged comnercial or financial information.

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 licensing action does not outweigh the demonstrated concern for protection of your competitive position. Accordingly, we have determined that the information should be withheld from public disclosure.

We therefore approve your request for withholding pursuant to Section 2.790 of 10 CFR Part 2 and are withholding pages ii and P-1 through P-6 of your application from public inspection 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 information to our consultants working in this area. We will, of course, assure that the consultants have signed the appropriate agreements for handling proprietary data.

Sincerely, f

ichard E. Cunningham, Director Division of Fuel Cycle and Material Safety

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