ML20059J977

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Informs That Document Rancho Seco ISFSI Sar,Vol Iv,Drawings & Calculations Submitted on 931027,w/Pacific Nuclear Fuel Services Group Affidavit of 931006 Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5),as Requested
ML20059J977
Person / Time
Site: Rancho Seco, 07200011
Issue date: 01/14/1994
From: Paperiello C
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Shetler J
SACRAMENTO MUNICIPAL UTILITY DISTRICT
References
NUDOCS 9402010278
Download: ML20059J977 (3)


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$l 14 1994 Sacramento Municipal Utility District A

James F. Shetler Deputy Assistant General Manager 6."
5. Street P. O. Box 15830 Sacramento, California 93852-1830 Gentlemen:

By your submittal dated October 27, 1993, and Pacific Nuclear Fuel Services Group's (PNFS's) affidavit of October 6, 1993, you sub-itted documents and requested that they be withheld from public disclosu'a :orsuant to 10 CFR 2.790.

The documents you requested to be withheld ieclo s proprietary supplements containing calculated data, results of des!;a calculations, and component design details, and critical dimensions which were developed by PNFS.

The document you requested to be withheld is the " Rancho Seco Independent Spent Fuel Storage Installation, Safety Analysis Report, Volume IV, Drawings and Calculations."

The following reasons were given in PNFS's affidavit of October 6, 1993:

"1.

The information sought to be withheld from public disclosure are design drawings and calculations of a concrete modular storage system, which is owned and has been held in confidence by Pacific Nuclear Fuel Services.

"2.

The information is of a type customarily held in confidence by Pacific Nuclear Fuel Services and not customarily disclosed to the public.

public.

Pacific Nuclear Fuel Services has a rational basis for determining the types of information customarily held in confidence by it.

"3.

The information is being transmitted to the Commission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received and held in confidence by the Commission.

"4.

The information, to the best of my knowledge and belief, is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.

"S.

Public disclosure of the information is likely to cause substantial harm to the competitive position of Pacific Nuclear Fuel Services because:

a) A similar product is manufactured and sold by competitors of Pacific Nuclear Fuel Services.

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James R. Shetler 2

b) Development of this information by Pacific Nuclear Fuel Services required thousands of man hours of effort and hundreds of thousands of doll ars.

To the best of my knowledge and belief, other parties including competitors would have to undergo similar expense in generating equivalent information.

c) In order to acquire such information, a competitor would also require considerable time and inconvenience related to the development a design and analysis of a dry spent fuel storage system.

d) The information required significant effort and expense to obtain the licensing approvals necessary for application of the information.

Avoidance of this expense would decrease a competitor's cost in applying the information and marketing the product to which the information is applicable.

e) The information consists of description of the design and analysis of a dry spent fuel storage system, the application of which provides a competitive economic advantage.

The availability of such information to competitors would enable them to modify their product to better compete with Pacific Nuclear Fuel Services, take marketing to other actions to improve their product's position or impair the position of Pacific Nuclear Fuel Services' product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.

f) In pricing Pacific Nuclear Fuel Services' products and services, significant research, development, engineering, analytical, licensing quality assurance and other costs and expenses must be included.

The ability of Pacific Nuclear Fuel Services' competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs."

We have reviewed your submittal and material based on the requirements and criteria of 10 CFR 2.790 and have determined that the document sought to be withheld contains trade secrets or confidential or proprietary commercial information.

The document " Rancho Seco Independent Spent Fuel Storage Installation Safety Analysis Report, Volume IV, Drawings and Calculations," submitted on October 27, 1993, with PNFS's affidavit of October 6, 1993, 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.

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+.c, James R. Shetler 3

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 inspection, you should promptly notify the Nuclear Regulatory Commission.

You should also understand that the NRC may have cause to review this determination in the future, such as, if the scope of a Freedom of Information Act request includes your information, or if in according to Section 2.790(c) of the Commission's rules "that information submitted in a rulemaking proceeding which subsequently forms the basis for the final rule will not be withheld from public disclosure by the Commission...."

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, Orgia:15%nad 'n Charles J. Paperiello, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards DISTRIBUTION: Docket No. 72-11 PDR/LPDR NRC File Center IMNS Central File NMSS R/F STSB R/F IMIF R/F FLBrown (3) 0FC IMIF IMIFf/

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