ML20055E569
| ML20055E569 | |
| Person / Time | |
|---|---|
| Site: | Grand Gulf  |
| Issue date: | 07/05/1990 |
| From: | Kintner L Office of Nuclear Reactor Regulation |
| To: | Cottle W ENTERGY OPERATIONS, INC. |
| References | |
| NUDOCS 9007120116 | |
| Download: ML20055E569 (4) | |
Text
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UNITED STATES
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NUCLEAR 1EGULATORY COMMISSION
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July 5, 1990 L ocket No. 50-416 D
Mr. William T. Cottle Vice President, Operations-Grand Gulf Entergy Operations, Inc.
Post Office Box 756 Port Gibson, Mississippi 39150 t
Dear Mr. Cottle:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By application dated April 26, 1990, and Advanced Nuclear Fuels Corporation's (ANF's)-Affidavit. dated April 10, 1990, you submitted ANF-90-060(P). entitled
" Criticality Safety Analysis fn-the Grand Gulf Spent Fuel Storage Racks with j
ANF-1.a Fuel Assemblies," April
'90, and requested that it be withheld from
-public disclosure pursuant te *.0 cF A 2.790.
By letter dated June 7,1990, you submitteo ANF-90-060(NP), a non-proprietary version of this report, which identified the proprietary information as design parameters for the ANF-1.4 fuel assemblies on Pages 5, 10 and 11 of ANF-90-060(P).
ANF's Affidavit stated that the proprietary information contained in ANF-90-060(P) should be considered exempt from mandatory public disclosure for the following reasons:
1)
The proprietary information is vital to a competitive advantage of ANF and would be helpful to competitors of ANF when competing with ANF.
2)
The information _is considered to be' proprietary by ANF because-it reveals certain distinguishing espects of ANF licensing methodology which secure i
competitive advantage to ANF for fuel design optimization and murketability, and includes information utilized by ANF-in its business L
which affords ANF an opportunity to obtain a competitive advantage over.
its competitors who do not or may not know or use the information conteined in the document.
3)
The disclosure of the proprietary informatwn to a competitor would permit the competitor to reduce its expenditure of money and manpower and improve its competitive position giving it valuable insights into ANF licensing methodology and would result in substantial harm to the competitive position of ANF.
4)
The proprietary information is held in confidence by ANF and is not available in public sources.
5)
'In accordance with ANF's policies governing the protection and control of information, the proprietary information has been made available, en a limited basis, to others outside ANF only as required and under suitable agreement providing for nondisclosure ar.d limited use of the information.
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ANF policy requires that proprietary information be kept in a secure file or area and distributed on a need.to-know basis.
j 7)
Information in this document provides insight into ANF licensing methodology j
developed by ANF. ANF has invested significant resources in developing the methodology as well as the strategy for this application. Assuming a competitor had available.the same background data and incentives as ANF, the competitor might, at a minimum, develop the information for the same expenditure.of manpower and money as ANF.
We have_ reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of ANF's statements, have:
determined that the submitted information sought to be withheld contains trade-secrets or proprietary commercial information.
.Therefore, ANF.90-060(P) marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of.1954, as amended.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.
If the need arises, we may send copies of this information to our consultants working in this. area. We will, of course, ensure that the consultants have signed the appropriate agreements'for handling proprietary information.
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 also should understand that the NRC may have cause to review this determination in the future, for' example, if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC makes a e
determination adverse to the above, you will be notified in advance of any public disclosure, igina@i 6d W Lester L.'Kintner, Senior Project Manager Project Direactorate IV.1 Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation i
l cc: See next page DISTRIBUTION:
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- 06/2f/90 0FFICIAL RECORD COPY Document Name:
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'J Mr. W. T. Cottle Entergy Operations, Inc.
Grand Gulf Nuclear Station cc:
Mr. T. H. Cloninger Mr. C. R. Hutchinson
-Vice President, Engineering GGNS General Manager Entergy Operations Inc.
Entergy Operations, Inc.
P. O. Boc 31995 P. O. Box 756 Jackson, Mississippi 39286-1995 Port Gibson, Mississippi 39150 Robert B. McGehee, Esquire The Honorable William J. Guste, Jr.
Wise, Carter, Child, and Attorney General Caraway Department of Justice P. O. Box 651 State of Louisiana Jackson, Mississippi 39205 P. O. Box 94005 Baton Rouge, LA 70804-9005 Nicholas S. Reynolds, Esquire Bishop, Cook, Purcell Alton B. Cobb, M.D.
and Reynolds State Health Officer 1400 L Street, N.W. - 12th Floor State Board of Health Washington, D.C.
20005-3502 P. O. Box 1700 Jackson, Mississippi 39205 Mr. Jim T. LeGros Manager of Quality Assurance Office of the Governor Entergy Operations, Inc.
State of Mississippi P. 0. Box 31995 Jackson, Mississippi 39201 Jackson, Mississippi 39286-1995 President,
- Mr. Jack McMillan Director Claiborne County Board of Supervisors i
Division of Solid Waste Management Port Gibson, Mississippi 39150 Mississippi Department of Natural Resources Regional Administrator, Region II P. O. Box 10385 U.S. Nuclear Regulatory Commission Jackson, Mississippi 39209 101 Marietta St., Suite 2900 Atlanta, Georgia 30323 l
Mr. John G. Cesare Director, Nuclear Licensin9 Mike Morre, Attorney General Entergy Operations, Inc.
Frank Spencer, Asst. Attorney General P. O. Box 756 State of Mississippi Port Gibson, Mississippi 39150 Post Office Box 22947 Jackson, Mississippi 39225 Mr. C. B. Hogg, Project Manager Bechtel Power Corporation Mr. Gerald W. Muench P. O. Box 2166 Vice President, Operations Support Houston, Texas 77252-2166 Entergy Operations, Inc.
P. O. Box 31995 Mr. H. O. Christensen Jackson, Mississippi 39286-1995 Senior Resident Inspector U.S. Nuclear Regulatory Commission Mr. Donald C. Hintz, Executive Vice l-Route 2. Box 399 President & Chief Operating Officer Port Gibson, Mississippi 39150 Entergy Operations, Inc.
P. O. Box 31995 l
Jackson, Mississippi 39286-1995 l
l
C Mr; William T.'Cottle,
i 6)
ANF policy' requires that proprietary information be kept in a secure file or area and distributed on a need-to-know basis.
7)
Information in this document provides insight into ANF licensing methodology developed by ANF. ANF has invested significant resources in developing the methodology as well as the strategy for this application. Assuming a competitor had available the same background data and incentives as ANF, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as ANF.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of ANF's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, ANF-90-060(P) marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.
If the need arises, we may send copies of this information to our consultants working in-this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
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 also should understand that the NRC may have cause to review this determination in the future, for example, 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 aavance of any public disclosure.
l Sincerely, l
l-
- i M'
Lester L. Kintner, Senior Project Manager project Direactorate IV-1 l
Division of Reactor Projects - III, j
IV, V and Special Projects Office of Nuclear Reactor Regulation l
l cc: See next page l
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