ML20128F440

Advises That Associated Modelling Data for Use in Certifying Candu 3 Reactor Will Be Withheld (Ref 10CFR2.790),per 921203 Request

ML20128F440
Person / Time
Issue date:	02/02/1993
From:	Kennedy J Office of Nuclear Reactor Regulation
To:	Hink A AECL TECHNOLOGIES
References
PROJECT-679A NUDOCS 9302110391
Download: ML20128F440 (4)

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UNITED STATES

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NUCLEAR REGULATORY COMMISSION

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February 2, 1993 Project No. 679 Mr. A.D. Hink Vice President / General Manager AECL Technologies 9210 Corporate Boulevard, Suite 410 Rockville, Maryland 20850

SUBJECT:

REQUEST FOR WilHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your application dated December 3,1992, and affidavit dated September 25, 1992, you submitted proprietary computer codes, code documentation, and asso-ciated modelling data for use in certifying the CANDU 3 reactor, and requested the data be withheld from public disclosure 3ursuant to 10 CFR 2.790.

Specif-ically, you requested that the material in tio enclosed packing list be withheld pursuant to 10 CFR 2.790.

You stated that the submitted inforir ** ion should be considered exempt from mandatory public disclosure for the ')llowing reasons:

1.

The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of AECL's competitors without license from AECL constitutes a competitive economic advantage over other companies.

2.

It consists of supporting data, including test data, relative to a arocess (or component, structure, tool, method, etc.), the application of witch data secures a competitive economic advantage, e.g., by optimization or-improved marketability.

3.

Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipent, installation, assurance of quality, or licensing a similar product.

4.

It reveals cost or price information, production capacities, budget levels, or commercial strategies of AECL, its customers or suppliers, 5.

It reveals aspects of past, present, or future AECL or customer funded development plans and programs of potential commercial value to AECL.

6.

It contains patentable ideas, for which patent production may be desirable.

7.

The information provided is subject to conditions of an Export Permit issued by the Canadian Secretary of State for External Affairs, which p

restricts use of the information.

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Mr. A.D. Hink February 2, 1993 We have

, viewed your application and the material in accordance with the requirements of 10 CfR 2.790 and, on the basis of AECL's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the data for nominal flux distribution in a CANDU 3 reactor, 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 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 rourse, 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 taformation 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

Enclosure:

Packing List cc w/ enclosure:

See next page Distribution:

JLKennedy Central File.

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'0FFICIAL RECORD COPO Document Name:

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4 Mr. A.D. Hink February 2, 1993 CANDU Project No.-679 cc:

Louis N. Rib, Licensing Consultant AECL Technologies 9210 Corporate Boulevard, Suite 410 Rockville, Maryland 20850 Dernie Ewing, Manager Studies and Codification Division Atomic Energy Control Board P.O. Box 1046, Station B 270 Albert Street Ottawa, Ontarie 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 KlP 559 A.D. Hink, Project Director - CANDU-3 AECL CANDU 2251 Speakman Drive-Mississaugua, Ontario, Canada LSK 182 L. Manning Muntzing c

Newman & Holtzinger, P.C.

i 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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ENCLOSURE i

Packine 1,Ist diskette containing files NOMN00).CPO and NOMN001.t94. The prodde data for the nominal flux distribution in CANDU 3 needed for 1

CATifNA/ Physics analysis.

DRP/jt Store: data \\dec92\\dp921201.dk 4

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