ML20056E420
| ML20056E420 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 08/03/1993 |
| From: | Black S Office of Nuclear Reactor Regulation |
| To: | Copeland R SIEMENS CORP. |
| References | |
| NUDOCS 9308240018 | |
| Download: ML20056E420 (3) | |
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wAssiwcrou. o.c. rosss-oooi August 3, 1993 Docket Nos. 50-445 and 50-446 Mr. Robert A. Copeland Siemens Nuclear Power Corporation 2101 Horn Rapids Road P. O. Box 130 Richland, Washington 99352-0130
Dear Mr. Copeland:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By letter dated May 28, 1993, TU Electric submitted the Siemens Nuclear Power Corporation (SPC) document regarding additional information with respect to the NRC's review of Topical Report RXE-90-006-P, " Power Distribution Control Analysis and Overtemperature N-16 and Overpower N-16 Trip Setpoint Methodology," and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
An affidavit dated May 26, 1993, from SPC, the owner of the information, was included in the application.
SPC states that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
"5.
The Document contains information which is vital to a competitive advantage of SPC and would be helpful to competitors of SPC when competing with SPC.
"6.
The information contained in the Document is considered to be proprietary by SPC because it reveals certain distinguishing aspects of SPC licensing methodology which secure competitive advantage to SPC for fuel design optimization and marketability, and includes information utilized by SPC in its business which affords SPC an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information contained in the Document.
"7.
The disclosure of the proprietary information contained in the Document to a competitor would permit the competitor to reduce its expenditure of money and manpower and to improve its competitive position by giving it valuable insights into SPC licensing methodology and would result in substantial harm to the competitive position of SPC.
"8.
The Document contains proprietary information which is held in 1
confidence by SPC and is not available in public sources.
090096 m FR.EGsIBlCOPY d 'f!
9308240018 930803
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PDR ADOCK 05000445 p
Mr. Robert A. Copeland August 3, 1993 i
"9.
In accordance with SPC's policies governing the protection and control of information, proprietary information contained in the i
Document has been made available, on a limited basis, to others i
outside SPC only as required and under suitable agreement providing J
for nondisclosure and limited use of the information.
i "10.
Information in this Document provides insight into SPC licensing 4
methodology developed by SPC.
SPC has invested significant i
1 resources in developing the methodology as well as the strategy for this application. Assuming a competitor had available the same l
background data and incentives as SPC, the competitor might, at a minimum, develop the information for the same expenditure of l
manpower and money as SPC."
We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of SPC's statements, have l
determined that the submitted information sought to be withheld contains trade 3
secrets or proprietary commercial information.
l Therefore, we have determined that the " Document" 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.
l t
Withholding from public inspection shall not affect the right, if any, of i
persons properly and directly concerned to inspect the document.
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 j
change in the future such that the information could then be made available i
for public inspection, you should promptly notify the NRC.
You should also i
understand that the NRC may have cause to review this determination in the 1
future, for example, if the scope of a Freedom of Information Act request i
includes your information.
In all review situations, if the NRC needs l
additional information from you or makes a determination adverse to the above, j
you will be notified in advance of any public disclosure.
l i
DISTRIBUTION:
Sincerely, j
Docket _ File' EPeyton i
4 NRC PDR MPSiemien Original Signed By Local PDR LYandell, RIV Suzanne C. Black, Director PDIV-2 Reading TBergman Project Directorate IV-2 JRoe Division of Reactor Projects Ill/IV/V EAdensam Office of Nuclear Reactor Regulation i
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Mr. Robert A. Copeland August 3,1993 9
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Senior Resident Inspector Jack R. Newman, Esq.
U.S. Nuclear Regulatory Comission Newman & Holtzinger P. O. Box 1029 1615 L Street, N.V.
Granbury, Texas 76048 Suite 1000 Washington, D. C.
20036 Regional Administrator, Region IV U.S. Nuclear Regulatory Comission Chief, Texas Bureau of Radiation Control 611 Ryan Plaza Drive, Suite 1000 Texas Department of Health Arlington, Texas 76011 1100 West 49th Street Austin, Texas 78756 Mrs. Juanita Ellis, President Citizens Association for Sound Energy Honorable Dale McPherson 1426 South Polk County Judge Dallas, Texas 75224 P. O. Box 851 Glen Rose, Texas 76043 Owen L. Thero, President Quality Technology Company Mr. William J. Cahill, Jr.
P. O. Box 408 Group Vice President, Nuclear 201 West 3rd TU Electric Company Lebo, Kansas 66856-0408 400 North Olive Street, L.B. 81 Dallas, Texas 75201 Mr. Roger D. Walker, Manager Regulatory Affairs for Nuclear Engineering Organization Texas Utilities Electric Company 400 North Olive Street, L.B. 81 Dallas, Texas 75201 Texas Utilities Electric Company c/o Bethesda Licensing 3 Metro Center, Suite 610 Bethesda, Maryland 20814 j
William A. Burchette, Esq.
Counsel for Tex-La Electric Cooperative of Texas Jorden, Schulte, & Burchette 1025 Thomas Jefferson Street, N.W.
Washington, D.C.
20007 GDS Associates, Inc.
Suite 720 1850 Parkway Place Marietta, Georgia 30067-8237 l