ML20126F646
| ML20126F646 | |
| Person / Time | |
|---|---|
| Issue date: | 12/16/1992 |
| From: | Kennedy J Office of Nuclear Reactor Regulation |
| To: | Shiflett D AECL TECHNOLOGIES |
| References | |
| PROJECT-679A NUDOCS 9212310035 | |
| Download: ML20126F646 (3) | |
Text
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g NUCLEAR REGULATORY COMMISSION y j WASHINGTON, D, C. 20$55 E.,*..../ December 16, 1992 Project No. 679 Mr. D.R. Shiflett Vice President / General Manager AECL Technologies 9210 Corporate Boulevard, Suite 410 Rockville, Maryland 20850
Dear Mr. Shiflett:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSVRE By your applications dated October 29 and October 30, 1992, and your affidavit dated September 25, 1992, you submitted computer codes, code documentation, associated-input modelling data, and code user manuals in support of the CANDU 3 preapplication revin, and requested they be withheld from public disclosure pursuant to 10 CFR 2.790.
You stated that the submitted information should be considered exempt from mandatory p blic disclosure for the following reasons:
- 1. The subject information has been held in confidence by AECL. The information has been pnvided to the utilities which own and operate CANDU reactors, to a university, and to governmental bodies having nuclear safety responsibilities for plants of the CANDU design. In all cases, agreements are in place to restrict access to and use of the information.
- 2. The subject information contains data, cost or price information, and patentable ideas which, when applied, secure a competitive economic advantage for the owner, Atomic Energy of Canada, Ltd. (AECL). Use of the information by a competitor would put AECL at a competitive disadvantage by reducing the competitor's expenditure of resources at AECL's expense. The information provided is also subject to conditions of an Export Permit issued by the Canadian Secretary of State for External Affairs which restricts use of the information.
- 3. The information has been transmitted to and received by the Commission in confidence.
- 4. ils information has never been made available in public sources such cs conference proceedings, public libraries, or the Atomic Energy Control Board Reading Room.
- 5. The subject information has substantial commercial value.
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0 Mf." D.R. Shiflett December -16, 1992 We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of AECL Technologies' statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the computer codes, code-documentation, associated input modelling
' data, and code user manuals 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.
Withholding from public inspection shall not offect 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:
Janet L. Kennedy, Project Manager Advanced Reactors Project Directorate Associate Directorate for Advanced Reactors and License Renewal Office of Nuclear. Reactor Regulation cc: See next page Distribution:
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Mr. D.R. Shiflett- .. December 16, 1992 CANDU Project No. 6'i9 cc: Louis N. Rib, Licensing Consultant AECL Technologies 9210 Corporate Boulevard, Suite 410 Rockville, Maryland 20850 Bernie Ewing, Manager-Studies and Codification Division Atomic Energy Control Board P.O. Box 1046, Station B 270 Albert Street Ottawa, Ontario, Canada KlP 5S9 A.M. Mortada Aly, Senior Project Officer Advanced Projects Licensing Group Studies and Codification Division-Atomic Energy Control Board P.O. Box 1046, Station'B 270 Albert Street Ottawa, Ontario, Canada K1P 559 A.D. Hink, Project Director - CANDU-3 AECL CANDU 2251 Speakman? Drive Mississaugua, Ontario, Canada L5K 182 L. Manning Muntzing Newman & Holtzinger, P.C.
- 1615 L Street, N.W., Suite 1000 Washington, DC -20036 Steve Goldberg, Budget Examiner Office of Management and Budget 725 17th Street, NW.
Washington, DC 20503
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