ML20057F767
| ML20057F767 | |
| Person / Time | |
|---|---|
| Issue date: | 10/05/1993 |
| From: | Minners W NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Kenny A ELECTRIC POWER RESEARCH INSTITUTE |
| Shared Package | |
| ML20057F768 | List: |
| References | |
| NUDOCS 9310190089 | |
| Download: ML20057F767 (2) | |
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NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 October 5, 1993 Arthur Kenny, Esquire Licensing Administrator Office of Business Development Electric Power Research Institute 3412 Hillview Avenue P.O. Box 10412 Palo Alto, CA 94303
Dear Mr. Kenny:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your application dated March 3, 1993 and affidavit dated March 4, 1993 you submitted EPRI report TR-100259, "An Approach to the Analysis of Operator Actions in Probabilistic Risk Assessment" and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
You stated that the submitted document should be considered exempt from mandatory public disclosure for the following reasons:
{l)
EPRI intends to provide copies of the report to EPRI members'and EPRI contractors only, all of whom are bound by confidentiality agreements to l
preserve confidential documents received from EPRI.
(2)
The report is of a type that EPRI considers to be a trade secret. Trade secrets are customarily held in confidence because to disclose them would prevent EPRI from licensing the.information at fees which would allow EPRI to recover its investment.
(3)-
EPRI developed the information after determining that the information was not available in public sources.
EPRI spent a large amount of money to contractors in developing the information, and a substantial amount of time and effort on the part of EPRI employees.
(4)
Public disclosure of the information could cause substantial economic harm to EPRI's competitive position.
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 report TR-100259, "An Approach to the Analysis of Operator Actions-in Probabilistic Risk Assessment," 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.
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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 advance of any public disclosure.
Sincerely, Original Signed By:
Warren Minners, Director Division of Safety Issue Resolution Office of Lclear Regulatory Research Distribution:
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