ML20058G407

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Advises That Topical Rept EMF-93-164(P), Power Distribution Measurement Uncertainty for INPAX-W in Westinghouse Plants, Withheld from Public Disclosure Per 10CFR2.790,in Response to 931001 Application & 930930 Affidavit
ML20058G407
Person / Time
Issue date: 11/23/1993
From: Rosalyn Jones
Office of Nuclear Reactor Regulation
To: Copeland R
SIEMENS CORP.
References
NUDOCS 9312090215
Download: ML20058G407 (2)


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November 23, 1993 j

l Mr. R. A. Copeland, Manager Product Licensing i

Siemens Power Corporation 2101 Horn Rapids Road, PO Box 130 Richland, WA 99352-0130 l

Dear Mr. Copeland:

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Reference:

EMF-93-164(P), " Power Distribution Measurement Uncertainty for i

INPAX-W in Westinghouse Plants" By your application dated October 1,1993, and affidavit dated September 30, 1993, you submitted Siemens Power Corporation (SPC) Topical Report EMF ;

164(P) and requested that it be withheld from public disclosure pursuant-to 10 CFR 2.790.

In addition, a nonproprietary version of this document was submitted to the NRC on November 11, 1993, in order to allow for proper docketing.

i You stated that the submitted information which was specifically marked should I

be considered exempt from mandatory public disclosure for the following i

reasons:

(1)

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 i

(2)

The disclosure of the proprietary information to a competitor would l

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; i

(3)

It is not available in public sources; (4)

It is vital to a competitive advantage of SPC and would be helpful to competitors of SPC when competing with SPC, We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of SPC's statements, have determined that the submitted information sought to De withheld contains trade secrets or proprietary commercial information. Therefore, EMF-93-164(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.

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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 j

arises, we may send copies of this information to our consultants working in j

this area. We will, of course, ensure that the consultants have signed the 1

appropriate agreements for handling proprietary information.

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If the basis for withholding this information from public inspection should change in the future such that the information could then be made available j

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 1

determination adverse to the above, you will be notified in advance of any public disclosure.

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Sincerely,

/s/

Robert C. Jones, Chief Reactor Systems Branch Division of Systems Safety and Analysis

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