ML20129K385

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Responds to Requesting That Certain Identified Info Be Considered Proprietary & Withheld from Public Disclosure Per to 10CFR2.790.Topical Rept BAW-10221P, NEMO- K,Kinetics Solution in Nemo Will Be Withheld
ML20129K385
Person / Time
Issue date: 11/19/1996
From: Birmingham J
NRC (Affiliation Not Assigned)
To: Taylor J
FRAMATOME
References
PROJECT-693 NUDOCS 9611220161
Download: ML20129K385 (4)


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q UNITED STATES

< E NUCLEAR FIEGULATORY COMMISSION E '

WASHINGTON, D.C. 20066-0001 I

{ N*** November 19. 1996 Mr. J. H. Taylor, Manager j Licensing Services

Framatome Technologies Inc.

2 P.O. Box 10935 Lynchburg, VA 24506-0935

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SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR FRAMATOME TECHNOLOGIES TOPICAL REPORT BAW-10122P 1 l j

Dear Mr. Taylor:

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By letter dated September 30, 1996, you submitted the report listed below for NRC review and requested that certain identified information be considered proprietary and withheld from public disclosure pursuant to 10 CFR 2.790. The j report submitted is

Proprietary Topical Report BAW-10221P, "NEMO-K, A Kinetics Solution in NEMO."

4 You stated that the information has been held in confidence by Framatome Technologies Inc. (FTI) and should be considered exempt from mandatory public

disclosure. By enclosed affidavit dated September 27, 1996, you provided i

reasons why this information should be considered proprietary. The reasons were based on the following criteria customarily applied by FTI to determine l proprietary information.

(b) The information reveals data or material concerning now research or development plans or programs of present or potential competitive i . advantage to FTI.

l (c) The use of the information by a competitor would decrease his expend-

itures, in time or resources, in designing, producing or marketing a j similar product.

(d) The information consists of test data or similar data concerning a process, method, component, the application of which results in a competitive advantage to FTI.

We have reviewed the information and the report you submitted in accordance with the requirements of 10 CFR 2.790 and, on the basis of stateme.its by FTI, have determined that the submitted information sought to be. withheld does contain trade secrets or proprietary commercial information.

Therefore, we have determined that the information identified as proprietary in the abeve document, which is 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. However, a nonproprietary version of the submittal, i.e. without the proprietary information and not stamped OrY o 220016 q[ylP pg th3 9611220161 961119 P

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l

. J. Taylor November 19, 1996

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, proprietary, is required to be submitted within 30 days of the date of this  !

letter, [10 CFR 2.790 (b) (1) (11)]. )

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Withholding from public inspection shall not affect the right, if ry, 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 I

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 disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that NRC may have cause to review this determination in the future if, for example, the scope of a Freedom of Information Act request included  !

your information. In all review situations, if the NRC needs additional l information from you or makes a determination adverse to the above, you will I be notified in advance of any public disclosure.

If you have any questions regarding this matter please contact me by phone 301/415-2829 or by email jlb49nrc. gov.

Sincerely, ,

i k-Joseph L. Birmingham, B&WOG Project Mgr.

Generic Issues and Environmental Projects Branch Office of Nuclear Reactor Regulation  ;

. ~J. Taylor November 19, 1996 If you have any questions regarding this matter please contact me by phone 301/415-2829 or by email jlb40nrc. gov.

Sincerely, Original Signed By:

Joseph L. Birmingham, B&WOG Project Mgr.

Generic Issues and Environmental Projects Branch Office of Nuclear Reactor Regulation Project No. 693 DISTRIBUTION: 1 Docket-Filet PUBLIC JBirmingham TCollins PGEB r/f TMartin FAkstulewicz ACRS DMatthews MPSiemien/0GC Document Name: G:

0FFICE LB\PD-BW-96.930 L k

OGC M PGEB:DRPM SC 1DRPM C/PG B R'PM NAME MPSi e'm'i JLBirmingham F tulewicz DBMatt ews DATE 10/]$96 p/f/96 lI l 796 il/14/96 0FFICIAL RECORD COPY cc: See next page

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, B&W Owners Group Project No. 693 cc Mr. J. W. Hampton, Chairman B&WOG Executive Committee l Duke Power Company j

l ONO IVP

, P.O. Box 1439 l Seneca, SC 29679 Mr. R. B. Borsum Framatome Technologies Inc.

a Suite 525, 1700 Rockville Pike Rockville, MD 20852-1631 i

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