ML20057F578
| ML20057F578 | |
| Person / Time | |
|---|---|
| Issue date: | 10/12/1993 |
| From: | Wermiel J Office of Nuclear Reactor Regulation |
| To: | Kenny A ELECTRIC POWER RESEARCH INSTITUTE |
| References | |
| NUDOCS 9310180208 | |
| Download: ML20057F578 (3) | |
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Ocotber 12, 1993 Mr. Arthur Kenny, Licensing Administrator Electric Power Research Institute (EPRI)
PO Box 10412 Palo Alto, CA 94303
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSU
Dear Mr. Kenny:
By your application and affidavit dated September 14, 1993, Draft Reports TR-102872L, " Functional Specification Requirements for ayou submitted EPRI Microprocessor Based Replacement Annunciator System" and TR-102873L,
" Evaluation of Two Alarm-Based Operator Aid Methodologies:
disclosure pursuant to 10 CFR 2.790.and Diagnostics" and requested that the Alarm Reduction mandatory public disclosure for the following reasons:You stated tha
"(i) The Information has been held in confidence by EPRI.
EPRI intends to provide copies of the information to EPRI members and to one or more EPRI contractors.
confidentiality agreements to preserve the confidentiality ofEPRI m proprietary and confidential documents received from EPRI.
of the information by such members and contractors will not impair Receipt the proprietary and confidential nature of the Information nor will such receipt impair the value of the Information as trade secrets.
In addition, EPRI may license the Information to organizations that are not EPRI members.
(ii) The Information is of a type customarily held in confidence by EPRI and there is a rational basis therefor.
type that EPRI considers to be trade secrets.The Information is of a Such Information is customarily held in confidence by EPRI because to disclose it would allow EPRI to recover its investment. prevent EPRI from licensing the In If consultants and other businesses providing services in the nuclear power industry were able to obtain the Information, they would be able to use it that EPRI was required to spend to obtain the Information. co The
Contact:
Subinoy Mazumdar, HICB lD). [ j (? d2 )
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I Mr. A. Kenny rational basis that EPRI has for classifying information as a trade secrets is the Unifore Trade Secrets Act which California adopted in 1984 and which has been adopted by over twenty states. The Uniform Trade Secrets Act defines a " trade secret" as follows:
" Trade secret" means information, including a formula, i
pattern, compilation, program, device, method, technique, or process, that:
(1)
Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and 1
(2)
Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(iii) The Information will be transmitted and received by the NRC in confidence. The purpose is to maintain the confidentiality of the Information.
(iv) The Information is not available in public sources.
EPRI developed the Information only after making a determination that the Information was not available from public sources.
EPRI was required to spend a large amount money through payments to contractors (Westinghouse).
In addition, EPRI was required to use a large amount of time of EPRI employees.
Finally, the Information was developed only after a long period of effort.
(v) A public disclosure of the Information would be highly likely to l
cause substantial harm to EPRI's competitive position.
The Information can be properly acquired or duplicated by others only with an equivalent investment of time and effort."
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of EPRI's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information. Therefore, the EPRI Draft Reports TR-102872L, " Functional Specification Replacement Annunciator System" and TR-102873L," Evaluation of Two Alarm-Based Operator Aid Methodologies:
Alarm Reduction and Diagnostics" 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'
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Mr. A. Kenny l Withholding from the 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 should also 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 included your information.
In all reviews situations, if the NRC need additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, Original signed by:
Jared S. Wermiel, Chief Instrumentation and Controls Branch Division of Reactor Controls and Human Factors cc:
B. Boger T. Bergman j
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