ML20045E801

Advises of NRC Determination That Listed Documents Ref Decommissioning Financial Assurance Info Should Be Withheld, Per 10CFR2.790,in Response to Licensee Ltr & Affidavit

ML20045E801
Person / Time
Site:	07000734
Issue date:	06/22/1993
From:	Burnett R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Asmussen K GENERAL ATOMICS (FORMERLY GA TECHNOLOGIES, INC./GENER
References
NUDOCS 9307060068
Download: ML20045E801 (3)

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JUN 2 21993 Docket 70-734 License SNM-696 Mr. Keith E. Asmussen, Manager Licensing, Safety, and Nuclear Compliance TRIGA Fuel Fabrication General Atomics 3550 General Atomics Court San Diego, CA 92121-194

SUBJECT:

DECOMMISSIONING FINANCIAL ASSURANCE DOCUMENTS - PUBLIC DISCLOSURE DETERMINATION i

This is in response to your letter and affidavit dated June 4,1993, requesting that six documents (listed below) referencing decommissioning financial assurance information be withheld from public disclosure pursuant to 10 CFR 2.790(a)(4) of the Commission's regulations.

(1)

Asmussen, Keith E., Letter No. 696-1591 to Mr. Robert M. Bernero, Director HMSS, " 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 and R-67; Decommissioning Report and Financial Assurance," dated July 26, 1990.

(3)

Asmussen, Keith E., Letter No. 38/67-1717 to Mr. Robert M. Bernero, Director HMSS, " 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 Decommissioning," dated March 26, 1992.

(5)

Asmussen, Keith E., Letter No. 696-1963 to Mr. John W. N. Hickey, Chief, Fuel Cycle Safety Branch, HMSS/INMS, " Docket No. 70-734: License No.

SNM-696: Submittal of Decommissioning Funding Plan," dated Septemb9r 10, 1992.

(6)

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.

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JUN 2 21993

~Mr. Keith E. Asmussen, Manarer 2

In the affidavit you state that the submitted information should be withheld i

from public disclosure for the'following reasons:

1.

The information contained in the subject documents has been held in confidence by General Atomics in that it is of a confidential financial nature and is. customarily' held in such confidence.

2.

The information is not available in public sources, and General Atomics is transmitting it to the NRC in confidence.

3.

The public disclosure of. the information contained in the documents would cause substantial harm to General Atomics by revealing r.onfidential communications regarding financial arrangements which could be used by General Atomics

• competitors and other parties whose interest i

ray. be adverse to General Atomics.

On the basis of your submittal, our review of the above listed documents, and in light of the requirements of 10 CFR 2.790, we have determined that the-above listed documents should be withhold from public disclosure pursuant to 10 CFR 2.790.

Withholding from public inspection shall not affect the right, if any, of personc properly and C actly concerned to inspect the documents as provided for in 10 CFR 2.790(b)(6).

If, at any time in the future,-the basis provided in your submittal for witnholding information from public disclosure should change such thu the iaformation could then be made available for public inspection, Geniral Atomics -should promptly notify the NRC. General Atomics should also be aware 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, General Atomics will be notified in advance of any public disclosure.

Sincerely, i

Robert F. Burnett, Director Division of fuel Cycle Safety r

and Safeguards, NMSS l

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3 2 2 ISS3 2

In the affidavit you state that the submitted information should be withheld

'from public disclosure for the following reasons:

1.

The information contained in the subject documents has been held in confidence by General Atomics in that it is of a confidential financial nature and is cu:.tomarily held in such confidence.

2.

The information is not available in public sources, and General Atomics is transmitting it to the NRC in confidence.

3.

The public disclosure of the information contained in the documents would cause substantial harm to General Atomics by revealing confidential communications regarding financial arrangements which could be used by General Atomics' competitors and other parties whose interest may be adverse to General Atomics.

On the basis of your submittal, our review of the above listed documents, and in light of the requirements rf 10 CFR 2.790, we have determined that +he above listed documents shoule: be withheld from public disclosure pursuant to 10 CFR 2.790.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents as provided for in 10 CFR 2.790(b)(6).

If, at any time in the future, the basis provided in your submittal for withholding information from public disclosure should change such that the information could then be made available for public inspection, General Atomics should promptly notify the NRC.

General Atomics should also be aware 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, General Wmics will be notified in advance of any public disclosure.

Sincerely,

4. @~h Robert F. Burnett, Director Division of fuel Cycle Safety and Safeguards, NMSS DISTRIE @ 0N:

Docket'No.~~70-734 PDR^

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