ML20043B002

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Ack Receipt of & 900328 Submittals Responding to NRC .Grants Request for Withholding Info from Public Disclosure
ML20043B002
Person / Time
Issue date: 05/23/1990
From: Cunningham R
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Massey J
PACIFIC SIERRA NUCLEAR ASSOCIATES
References
REF-PROJ-M-53 NUDOCS 9005240037
Download: ML20043B002 (2)


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UNITED STATES 8

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May 23,'1990 Project No. M-53;

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Pacific Sierra Nuclear Associates'

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ATTN: Dr. John V. Massey General Manager 5619 Scotts Valley Drive Scotts Valley, CA 95066

Dear Dr. Massey:

Nuclear Regulatory Commission (NPC)? staff has received yourfletter of harch 19,-

-1990, and subsequent submittals'of March'28, 1990, in response to,our letter j

to you of February 27,1990. As indicated in our-letter, our review was. based-on Pacific Sierra Nuclear Associates (PSN) submittals and affidavits dated

l February 24, 1989.- Your comment on the " mislabeling" in your March 19, ' 1990,~

letter was referring to your later submittals received by uh on February 28,-

1990.

There'we"? no "mislabelings" in our review evaluation.-

By your letter of March 28,-1990, you submitted non-proprietary versions' of:

fabrication specifications to be included in the non-proprietary part of. the Topical Report:(TR) Volume 1. -You also requested; that the material'previously

'i sent by PSN to the NRC will1 remain part of the-proprietary portion of!the TR _

Volume 11 and therefore, should be withheld from public disclosure pursuant to 3

10 CFR 2.790.

However, the word " proprietary" on the." Table of Contents" sheet of the Multi-Assembly Sealed Basket Transfer Cask (MTC). Specification 1

should be eliminated?as it is intended to be-non-proprietary in TR ' Volume l'.

'We have reviewed your submittals and materials contained in your, letter of March 28, 1990, based on the requirements and criteria of 10 CFR 2.790 and:have determined that the documents sought to be withheld contain trade l secrets or i

confidential or proprietary commercial _ information.

Therefore, the documents marked as proprietary in TR Volume II,'as modified by year submittal ~ dated March 28, 1990, will be withheld from public disclosure pursuant to 10 CFR 2.790 (b)(5) and-Section'103(b) of the Atomic Act of:1954, as-amended.

Withholding from public inspection shall not affect-the right, if any, of 4

persons-properly and directly c*)ncerned to inspect'the-documents.

If the need-arises, we may send copies of this information to our consultants working in-i this-area. We will, of course, ensure that the consultants have. signed the

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appropriate agreements for handling proprietary information.

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a Dr. John V. Massey 2-May 23,1990 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 1

public disclosure.

Sincerely, ORIGINAL SIGNED BY

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Richard E. Cunningham, Director.

Division of Industrial and i

Medical Nuclear Safety

.l Office of Nuclear Material P

Safety =and Safeguards DJstrJbut4cni. D Project M.53 S' Central File

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