ML20034G777
| ML20034G777 | |
| Person / Time | |
|---|---|
| Issue date: | 03/03/1993 |
| From: | Hiltz T Office of Nuclear Reactor Regulation |
| To: | Taylor J BABCOCK & WILCOX CO. |
| References | |
| PROJECT-683A NUDOCS 9303110245 | |
| Download: ML20034G777 (4) | |
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UNITED STATES
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March 3, 1993 Project No. 683 Mr. J. H. Taylor Manager, Licensing Services B&W Nuclear Technologies Suite 525 1700 Rockville Pike Rockville, Maryland 20852
Dear Mr. Taylor:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your application and affidavit dated January 19, 1993, you requested that the Babcock and Wilcox Owners Group (BWOG) Generic License Renewal Program Plan be withheld from public disclosure pursuant to 10 CFR 2.790.
Section 2.790(b)(1)(ii) of 10 CFR Part 2 requires that the statement contained in the affidavit " address with specificity" the considerations listed in 10 CFR 2.790(b)(4).
Your affidavit has been reviewed in light of the aforementioned paragraphs of the regulations, and the NRC staff is unable to conclude that use of the information by a non-member would si expenditures, in time and resources,gnificantly decrease the non-member's similar product.
in designing, producing, or marketing a Clearly, information discussed at public meetings, general information, or information already in the public domain cannot be considered proprietary.
For example, the information discussed at the January 12, 1993, public meeting between BWOG representatives and the Nuclear Regulatory Commission (NRC) staff disclosed several aspects of your Generic License Renewal Plan.
In addition, the information contained in your Generic License Renewal Plan which discusses backgroundandintroductorimaterial;whichparaphrasesdefinitions, regulations, or regulatory guidance; or which discusses proposed NRC review schedules will not be considered proprietary.
This information has previously been made available to the public through NRC correspondence, through published regulations or regulatory guidance, or through public meetings.
We have determined that some portions of your Generic License Renewal Program Plan, such as information that reveals commercial strategies and budget levels, may be considered proprietary.
Hcwever, for some of the information 9303110245 930303 PDR PROJ 683A PDR Y
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contained in your Generic License Renewal Program Plan, we are unable to conclude at this time that the information referenced in the affidavit is proprietary. Therefore, we request additional information which discusses, i
with sufficient specificity, the considerations of 10 CFR 2.790 (b)(4) such t
that we can make the required proprietary determination.
We note your intention to revise the classification of this plan in the near future. However, in order to ensure that appropriate information is made available to the public in a timely manner, we request you respond within 45 days after your receipt of this letter.
In addition to the supplemental information required for the NRC to make its proprietary determination, this response should describe, in detail, your intentions to withdraw and reclassify those portions of the Generic License Renewal Program Report for which you are no longer seeking proprietary status (i.e., discussed in public meeting, general information, common knowledge, already in public domain, t
etc...).
In accordance with 10 CFR 2.790(c), the information sought to be withheld will be placed in the Commission's Public Document Room 45 days after your receipt of this letter unless you either seek to withdraw the information requested to be withheld or provide the NRC with an amended affidavit meeting the requirements of 10 CFR 2.790(b).
If you request that the information be withdrawn, your request will be considered in light of applicable statutes and l
regulations and a determination made whether the documents will be withheld from public disclosure and returned to you.
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The Office of the General Counsel (0GC) has reviewed and concurred in this proprietary determination. However, 0GC notes that future affidavits which I
request withholding of proprietary material should specifically state, in accordance with 10 CFR 2.790(b)(1)(ii), that the affiant is the owner of the material for which proprietary status is being sought.
If the information is owned by others, then a separate affidavit must be submitted by each owner which specifically identifies those parts of the document which contain their information for which they are seeking proprietary status.
Sincerely, ThImb.sNz,#eniorProjectManager S
License Renewal And Environmental Review Project Directorate Associate Directorate for Advanced Reactors i
and License Renewal Office of Nuclear Reactor Regulatian cc: See next page DISTRIBUTION: See attached sheet e
PDLR:LA PDLR:S?M PDLR; 48 OGC PDLhD_/
LLuther E THiltz FAk MSiemien d SNeberry 2As793
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$/ l/9f 3/l/93 3h 43 0FFICIAL DOCUMENT COPY: HILIZ LEITER / TAYLOR (PROPRES2.02) ed
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i cc:
I Tony L. McConnell Program Director Generic License Renewal Program 3315 Old Forest Road P.O. Box 10935 Lynchburg, Virginia 24506-0935 Robert B. Borsum Licensing Engineer B&W Nuclear Technologies 1700 Rockville Pike Suite 525 l
Rockville, Maryland 20852 l
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e DISTRIBUTION:
Project No. 683 PDLR R/F NRC PDR WTravers, 11H21 l
t LLuther,F23 1 FAkstulewicz,11F23 5Newberry, 11F23 THiltz, 11F23 JMoulton, 1]F23 LWiens, 14H25 l MSiemien, OGC RBevan, 13H3 l RHernan, 14C7 JHopkins, 13E21 HSilver, 14H22 I
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