ML20115A826
| ML20115A826 | |
| Person / Time | |
|---|---|
| Site: | 05200003 |
| Issue date: | 06/18/1996 |
| From: | Kenny A ELECTRIC POWER RESEARCH INSTITUTE |
| To: | Diane Jackson NRC (Affiliation Not Assigned) |
| Shared Package | |
| ML20115A810 | List: |
| References | |
| NUDOCS 9607090020 | |
| Download: ML20115A826 (4) | |
Text
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l Electric Power Reeeenon inetitute Powering Progress through innovstM Solutsons i
June 18,1996 Diane T. Jackson, Project Manager Standardization Project Directorate Division of Reactor Program Management U.S. Nuclear Regulatory Commission Washington, D.C. 20555
Subject:
Request for Withholding of Proprietary Document;10CFR2.790(a)(4)
Dear Ms. Jackson:
This is a request under 10CPR2.790(a)(4) that the NRC withhold from public disclosure the information identified in the enclosed affidavit consisting of EPRI owned Proprietary Information contained within EPRI report TR-103581 and entitled " Thermal Stratification, Cycling, and Striping (TASCS)". The report is referred to below as the "Information."
The Information is marked PROPRIETARY and CONFIDENTIAL.
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EPRI desires to disclose the Information in confidence to the NRC for informational purposes to assist the NRC (Reference Westinghouse Docket No.
1 52-003). EPRI would welcome any discussions between EPRI and the NRC 4
related to the Information that the NRC desires to conduct.
Enclosed is an affidavit and the report to support EPRI's request for withholding. If the NRC does not accept the affidavit please return the report. If ycu have any questic< s relating to the propriety of this request or the enclosed affidavit, please do not hesitlate to contact me at (415) 855 2845. The fax machine closest to me is a t (415) 855-8931. Questions on the technical aspects of the Information may be addressed to Susan Gray at (415) 855-2938.
l Yours truly, U
%W Arthur Kenny Intellectual Property Attorney IntellectualPropony Department Enclosures i
ec S. Gray, EPRI AD0h 20 03 J
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PDR Needsverters: 3412 M8 Mew Amnue. Post ofree Som 10412. Pelo ANo. CA 94303, USA * (415) 655-2000
. mieuwen ("ms pano L Sueet. NW. suae s05. Weehenaton. DC 2003s, usa * (202) s72 0222
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AFRDAVIT.
I, ARTHUR KENNY, being duly swom, depose and state as follows:
I am a Intellectual Property Attomey of the Electric Power Research Institute
("EPRI") and I have been spuaally delegated responsibility for reviewing the records, documents and information sought under this affidavit to be withheld (the "Information") and authorized to apply for their withholding on behalf of EPRI. This
,i affidavit is submitted to the Nuclear Regulatory Commission ("NRC") pursuant to 10 1
CFR 2.790 (a)(4) based on the fact that the Information consists of trade secrets of EPRI l
owned by EPRI and that the NRC will receive the Information from EPRI under privilege and in confidence.
l The Information, which EPRI requests the NRC to withhold, consists of EPRI owned Proprietary Information contained within an EPRI report TR-103581, dated March 1994, entitled " Thermal Stratification, Cyclin 5, and Striping (TASCS)" The i
Information has been marked as PROPRIETARY AND CONFIDENTIAL i
4 EPRI desires to disclose the Information to the NRC for informational purposes to assist the NRC. EPRI'would welcome any discussions between EPRI and the NRC related to the Information that the NRC desires to conduct.
l The basis for which the Report should be withheld from the pubEc is set foph j
below:
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(i) The Information has boon held in confidence by EPRL EPRIintends to j
provide copies of the Information to EPRI members and to one or more EPRI contractors. EPRI members and contractors are bound by confidentiality I
agreements to preserve the confidentiality of proprietary and confidential documents received from EPRI. Receipt of the Information by such members and contractors will not impair the proprietary and confidential nature of the Information nor will such' receipt impair the value of the Information as trade j
secrets. In addition, EPRI may license the Information to organizations that are not BPRImembers.
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(ii) W Information is'of a type customarily held in confidence by EPRI and there is a rational basis therefor. The Information is of a type that EPRI considers to be trade secrets. Such Information is customarily held in confidence by EPRI because to disclose it would preverit EPRI from licensing the Information at fees which would allow EPRI to recover its investment. If consultants and other businesses providing services in the electric power industry were able to obtain the Information, they would be able to use it commercially for profit and avoid spending the large amount of money that EPRI was requimd to spend to obtain the Information. W rational basis that EPRI has for classifying information as a trade seemts is the Un{ form Trade Seemts Act which California adopted in 1984 and which has been adopted by over twenty states. The Uniform Trade Secreta Act defines a " trade secret" as follows:
. Trade secret" means information, including a formula, 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 fromits disclosure or use;and (2) Is the subject of efforts that am reasonable under the circumstances to maintainits secrecy.
(iii) The Infonnation will be transmitted and received by the NRC in confidence.
The purpose is te 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 availaple from public soun:es. ERRI was required to spend a large amount of money through payments to contractors. 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 disclosum of the Information would be highly likely to cause substantial harm to EPRI's competitive position. The Information can be properly acquired sr duplicated by others only with an equivalent investment of time and effort.
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I have read the foregoing and the matters stated therein :w true and correct to the best of my knowledge, information and belief.
I make this affidavit under penalty of perjury under the laws of the United States of America and under the laws of the State of California.
Executed at 3412 Hillview Avenue, Palo Alto, bein5 the prendses and place of business of the Electric Power Re. search Institute:
June 18,1996 1
1 Arthur Kenny Subscribed and sworn before me this day:
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