ML20045A203
| ML20045A203 | |
| Person / Time | |
|---|---|
| Site: | General Atomics, 07000734 |
| Issue date: | 06/04/1993 |
| From: | Asmussen K GENERAL ATOMICS (FORMERLY GA TECHNOLOGIES, INC./GENER |
| To: | Emeigh C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| 696-2083, NUDOCS 9306090519 | |
| Download: ML20045A203 (7) | |
Text
_,
f MNMAL ATOMICS June 4,1993 696-2083 VIA EXPRESS Mall SERVICE:
Mr. Charles W. Emeigh, Acting Chief Licensing Branch Division of Fuel Cycle Safety & Safeguards Office of Nuclear Materials Safety & Safeguan ts U.S. Nuclear Regulatory Commission Washington, DC 20555
Subject:
Docket Nos. 50-89, 50-163 and 70-734: License Nos. R-38, R-67 and SNM-696 Respectively; Request Pursuant to 10 CFR 2.790(a)(4)
References:
(1)
Asmussen, Keith E., Letter No. 696-1591 to Mr. Robert M. Bernero, Director NMSS, " Docket No. 70-734:
SNM-696; Financial Assurance for Decommissioning, dated July 26,1990 (2)
Asmussen, Keith E., Letter No. 38/67-1592 to U.S. NRC ATTN: Mr. Marvin Mendonca, " Docket Nos. 50-89 and 50-163: License Nos. License Nos. R-38 anil R-67; Decommissioning Report and Financial Assurance," dated July 26, 199u (3)
Asmussen, Keith E., letter No. 38/67-1717 to Mr. Robert M. Bernero, Director NMSS," Docket Nos. 50-89,50-163 and 70-734: License Nos. R-38, R-67 and SNM-696 Respectively; Submittal of Revised Financial Statements Re: Financial Assurance for Decommissioning", dated March 29,1991 (4)
Asmussen, Keith E., Letter No. 38/67-1884 to Mr. Robert M. Bernero, Director NMSS," Docket Nos. 50-89,50-163 and 70-734: License Nos. R-38, R-67 and SNM-696 Respectively; Submittal of Revised Financial Statements Re: Financial Assurance for Decomroissioning", dated March 26,1992 (5)
Asmussen, Keith E., Le'.*er No. 696-1'K3 to Mr. John W. N. Hickey, Chief, Fuel Cycle Safety Brar i. ' MSS /lMS," Docket No. 70-734: License No. SNM-696: Submittal of Deo wing Funding Plan", dated September 10,1992 o
(6)
Asmussen, Keith L, Letter No. 696-2051 to Mr. Robert M. Bernero, Director NMSS," Docket Nos. 50-89,50-163 and 70-734: License Nos. R-38, R-67 and SNM-696 Respectively; Submittal of Revised Financial Statements Re: Financial Assurance fo. Decommissioning", dated March 30,1993
Dear Mr. Emeigh:
General Atomics (GA) operates two TRIGA research reactors under Nuclear Regulatory Commission (NRC) License Nos. R-38 and R-67 (Docket Nos. 50-89 and 50-163),
and conducts operations involving the use of special nuclear material under NRC License No. SNM-696 (Docket No.70-734).
0800Lii fl 9306090519 930604 PDR ADOCK 05000089
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PDR-J 3650 GiNT RAL ATOMICS COURT, SAN DIEGO. CA 92121-1194 PO BOX 85608, SAN DIEGO. CA 9006 9764 1619145'# 3000
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e Mr. bharles W. Emeigh, U.S. NRC June 4,1993 '
696-2083 Page 2 In the letters listed as Reference Nos.1 through 6, GA submitted information to the NRC in accordance with regulatcry requirements relating to NRC License Nos. R-38, R-67 and SNM-696. As set forth in the enclosed affidavit of Mr. Jones, certain of the enclosures to those letters contain the following sensitive proprietary commercial and financial information, which GA intended to submit on a confidential basis and to be withheld from public disclosure under the provisions of 10 CFR 2 790(a)(4):
(1)
In Referenced Letter No.1:
(a)
Letter dated July 25,1990 from Mr. Max D. Kemp to the Director, NMSS, supporting GA's use of the financial test to demonstrate financial assurance; (b)
The Price Waterhouse " General Atomics Report on Agreed-!:pon Procedures," (including Exhibits A and B) dated July 25,1990.
(2) in Referenced Letter No. 2:
(a)
Letter dated July 25,1990 from Mr. Max D. Kemp to the Director, NMSS, supporting GA's use of the financial test to demonstrate financial assurance; (b)
The Price Waterhouse " General Atomics Report on Agreed-Upon Procedures," (including Exhibits A and B) dated July 25,1990.
(3)
In Referenced Letter No. 3:
All of the enclosures.
(4)
In Referenced Letter No. 4:
All of the enclosures.
(S)
In Referenced Leiter No. 5:
Sections 3.3 and 3.4 of the " Decommissioning Funding Plan for General Atomics' Facilities in San Diego, California," dated September 10,1992.
l 1
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Mr. Charles W. Emeigh, U.S. NRC June 4,1993 696-2083 Page 3 (6)
In Referenced Letter No. 6:
All of the enclosures.
GA inadvertently did not request that the NRC withhold the above information from public disclosure, and it has been made available by the NRC at its Public Document Room (PDR).
GA respectfully requests that the NRC withdraw the proprietary commercial and financial information identified above froen the PDR and withhold it from further public disclosure pursuant to 10 CFR 2.790(a)(4). We would appreciate the NRC taking such action as promptly as possible.
If you have any questions regarding this matter, or require additional information, l
please contact me at your earliest convenience at (619) 455-2823.
Very truly yours, w
~
Keith E. Asmussen, Director Licensing, Safety and Nuclear Compliance KEA:shs Enclosure - Signed Affidavit of John E. Jones Senior Vice President, Administration
]
General Atomics l
cc:
Mr. Alexander Adams, Jr., NRC/PDNP, NRC Headquarters Mr. Bobby Faulkenberry, Regional Administrator, U.S. NRC, Region V j
Mr. Robert Wilson, NMNS Project Manager, NRC Headquarters
ditachment - Page 1 of 4 General Atornics Letter No. 696-2083 Docket Nos. 50-89, 50-163 & 70-734 June 4,1993 Affidavit of John E. Jones I, John E. Jones, Senior Vice President, Administration, of General Atomics (GA), do hereby affirm and state:
1.
I am an officer of GA and am authorized to execute this affidavit on behalf of GA, a wholly-owned subsidiary of General Atomic Technologies Coiporation (GATC).
2.
GA has submitted six letters to the U.S. Nuclear Regulatory Commission which provide information in accordance with regulatory requirements relating to NRC License Nos. R-38, R-67 and SNM-696. T. :sc letters are listed below:
(a)
Asmussen, Keith E., Letter No. 696-1591 to Mr. Robert M. Bernero, Director NMSS, " Docket No. 70-734: SNM-696; Financial Assurance for Decommissioning", dated July 26,1990 (b)
Asmussen, Keith E., Letter No. 38/67-1592 to U.S. NRC ATTN: Mr.
Marvin Mendonca, " Docket Nos. 50-89 and 50-163: License Nos.
License Nos. R-38 and R-67; Decommissioning Report and Financial y
Assurance," dated July 26,1990 (c)
Asmussen, Keith E., Letter No. 38/67-1717 to Mr. Robert M. Bernero, Director NMSS, " Docket Nos. 50-89,50-163 and 70-734: License Nos.
R-38, R-67 and SNM-696 Respectively; Submittal of Revised Financial Statements Re: Financial Assurance for Decommissioning", dated March 29,1991 (d)
Asmussen, Keith E., Letter No. 38/67-1884 to Mr. Robert M. Bernero, Director NMSS," Docket Nos. 50-89,50-163 and 70-734: License Nos.
R-38, R-67 and SNM-696 Respectively; Submittal of Revised Financial Statements Re: Financial Assurance for Decommissioning", dated March 26,1992 (e)
Asmussen, Keith E., Letter No. 696-1963 to Mr. John W. N. Hickey, Chief, Fuel Cycle Safety Branch, NMSS/IMS, " Docket No. 70-734:
License No. SNM-696: Submittal of Decommissioning Funding Plan",
dated September 10,1992
. kitachment - Page 2 of 4
~
General Atomics Letter No. 696-2083
' Docket Nos. 50-89, 50-163 & 70-734 June 4,1993 (f)
Asmussen, Keith E., Letter No. 696-2051 to Mr. Robert M. Bernero, Director NMSS," Docket Nos. 50-89,50-163 and 70-734: License Nos.
R-38, R-67 and SNM-696 Respectively; Submittal of Revised Financial Statements Re: Financial Assurance for Decommissioning", dated March 30,1993 3.
Certain of the enclosures to the letters listed in Paragraph 2 above contain the following sensitive proprietary commercial and financial information of GA, which GA intended to submit on a confidential basis and to be withheld from public disclosure under the provisions of 10 CFR 2.790(a)(4):
(a)
In the Letter Referenced in Paragraph 2(a):
(i)
Letter dated July 25, 1990 from Mr. Max D. Kemp to the Director, NMSS, supporting GA's use of the financial test to demonstrate financial assurance; (ii)
'he Price Waterhouse " General Atomics Report on Agreed-dpon Procedures," (including Exhibits A and B) dated July 25,1990.
(b) in the Letter Referenced in Paragraph 2(b):
(i)
Letter dated July 25, 1990 from Mr. Max D. Kemp to the Director, NMSS, supporting GA's use of the financial test to demonstrate financial assurance; (ii)
The Price Waterhouse " General Atomics Report on Agreed-Upon Procedures," (including Exhibits A and B) dated July 25,1990.
(c)
In the Letter Referenced in Paragraph 2(c):
All of the enclosures.
(d)
In the Letter Referenced in Paragraph 2(d):
All of the enclosures.
i lJ
kitachment - Puge 3 of 4 General Atomics i.etter No. 696-2083
' Docket Nos. 50-89, 50-163 & 70-734 June 4,1993 (e)
In the letter Referenced in Paragraph 2(e):
Sections 3.3 and 3.4 of the " Decommissioning Funding Plan for General Atomics' Facilities in San Diego, California," dated September 10,1992.
(f)
In the Letter Referenced in Paragraph 2(f):
All of the enclosures.
4.
GA inadvertently did not request that the NRC withhold this information from public disclosure, and it has been made available by the NRC at its Public Document Room (PDR).
5.
The sensitive proprietary commercial and financial information ~.ientified in Paragraph 3 above includes the consolidated financial statements of GA for be years ended December 31,1989 through 1992 or excerpts derived therefrom by GA's Chief Financial Officer and GA's auditors, including consolidated balance sheets, statements of operations and retained earnings, statements of cash flows, and notes summarizing a number of significant contractual and financial transactions.
(a)
This information has been held in confidence by GA. Since GA is a privately-owned closely-held company, such information is not made publicly available.
(b)
This information is of.a type that is customarily held in confidence by GA and there is a rational basis for doing so because the information is commercially valuable and could be used by competitors to the disadvantage of GA.
(c)
GA intended to transmit this information to the NRC in confidence and for the NRC to receive it in confidence, but inadvertently neglected to request that the NRC withhold the information from public disclosure.
(d)
This information is not otherwise available in public sources and could not be gathered readily from other publicly available information.
j i
(e)
Public disclosure of this information would cause substantial harm to the competitive position and financial well-being of GA. Knowledge of detailed GA financial information of the type contained in consoli-
' Attachment Page 4 of 4 General Atomics Letter No. 696-2083
' Docket Nos. 50-89, 50-163 & 70-734 June 4,1993 dated financial statements and notes thereto, such as assets, liabilities, costs and expenses, income, cash flow, and commercial and financial transactions, could be used by others to gain a competitive advantage over GA. Competitors could not properly acquire such information from other sources.
6.
Accordingly, in order to avoid any potential further harm to GA, GA respectfully requests that the NRC withdraw the proprietary commercial and financial information identified in Paragraph 3 above from the PDR and withhold it from further public disclosure pursuant to 10 CFR 2.790(a)(4).
GENERAL. ATOMICS i
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Joh 'E. Jones Shiior Vice Presig/'j/
7 ent, Administration SUBSCRIBED AND SWORN to before me this d*
day of June,1993.
I ALL-PURPOSE ACKNOWLEDGMENT C pa y, 5.-
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-m personally appeared _dD h n 6 ~7Co e 5 Xpersonalty known to me - OR - J proved to me on the basis of satisfactory evidence to hfnir_(tid _T_omd5 be the person (s) whose name(s) is/are subscnbed to the within instrument and acknowl-edged to me that he/she/they ex ecuted the same in his/her/their authorized capacity (ies), and O -w=
that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the O&
instrument.
O iwms, WITNESS my.1and and official seal.
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