ML20037A974

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Application to Amend License DPR-2,App A,Permitting Four Type 3-F Fuel Assemblies W/Pu Fuel Rod Substituted for Removable gadolinia-urania in Reactor.Requests That Exhibit 2 Be Withheld (10CFR2.790).Request Granted 670223
ML20037A974
Person / Time
Site: Dresden 
Issue date: 01/09/1967
From: Julie Hughes
COMMONWEALTH EDISON CO.
To:
References
NUDOCS 8008250859
Download: ML20037A974 (3)


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s Dr.N, Peter A. Morris, Director V6 i

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Subject:

Request for Amendment of Operating License DPR-2

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Dear Dr. uorris:

I Section II of Request for License amendment s

In Exhibit sdated January 9,;1967, purr,uant to 10 CFR 50.59 and Paragraph 3.a.(4) nf License DPK-2, as amended ("DPR-2"), Commonwealth Edison Company requests that Appendix "A" of DPR-2 he amended to allow operation of four Type I.II-F fuel assemblies with a plutoniun fuel rod substituted in each for the removable gadolinia-urania in the Dresden Unit I reactor.

Authority to operate Dresden Unit I reactor with Type III-F fuoi assemblics, requested by letter dated December 24, 1964, was granted March 23, 1965 designated Change No. 10.

!!owever, the details rogarding the loading of the plutonium fuel rods in four Type III-F fuel assemblies are considered to be confidential proprietary infer-mation of General Electric Company.

Elis information was generated by General Electric at its expense, involves an invention or inventions believed patentabic and on which one or more patent applications will be filed, and is of substantial competitive value to General Electric.

Publication of this information would adversely affect the interest of General Electric since it would destroy the competitive value of the information and destroy foreign patent rights on the invention.

Accordingly, it is hereby requested that the Commission withhold the Appendix from public disclosure in accordance with 10 CFR 2.790(b).

It is believed that withholding the attached Exhibit II from public inspection is not contrary to the public interest.

The regulations of the AEC contained in 10 CFR 2.790(b) provide that the withholding of information from public inspection does not "af fec t the right of persom properly and directly concerned to inspect the document."

Thus, Section 2.790(b) by its terms, recognizes a dis-tinction between the right of the public at large and that part of the public which is " properly and directly concerned."

In view of the fact that Section 2.790(b) fully protects the interest of persons properly and directly concerned, it is submitted that the public interest test established by the third sentence of Section 2.790(b) can relate only to the interest of members of the general public who have not made a showing that they are properly and directly concerned.

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.n ~ 4 "Dr. Peter A. Morris January 9, 1967

fe believe that the interests of the general public are fully pro-tected since Exhibit I of the request also dated January 9, 1967, which will become part of the public record, includes sufficient information to enable a determination to be made whether or not a person falls within the category of " persons properly and directly concerned."

It is believed that the U. S. patent application will be prepared and filed on or before March 31, 1967 and accordingly this t

request for withholding is for a temporary period expiring on that date.

At that time, the Commission may, if it wishes, make Exhibit II availabic to public inspection in the AEC Public Document Room, de would be pleased to furnish additional information if required.

Very truly yours, COMMONNEALTil EDISON COMPANY J

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Attachment:

Exhihit II Jo[ L "

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SUBSCRIBED and SWORN to before me this 9 7/ day o f ' !<n u wm 1967

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DOCK.3lT: 50-10 D ES CRIPTIO N : q Must BE UNCuSSIFIEDI REFERRED TO DATEl RECEIVED BY DATE Ltr. treas. the foll~d== and furaiah %

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ENCLOSURES:

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Dr. Morri.2:

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