ML20134C649

Concurs That Addl Info & Attachment III to Pge Be Withheld from Public Disclosure Per 10CFR2.790 as Requested

ML20134C649
Person / Time
Site:	Trojan  File:Portland General Electric icon.png
Issue date:	01/30/1997
From:	Haughney C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Mcsherry A SIERRA NUCLEAR, INC.
References
TAC-L22102, NUDOCS 9702030229
Download: ML20134C649 (3)

Text

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$D W f m ruq g UNITED STATES gg g NUCLEAR REGULATORY COMMISSION o

• WASHINGTON, D.C. 20066-0001 a

%,*****f January 30, 1997 Mr. Arthur J. McSherry, President Sierra Nuclear Corporation One Victor Square Scotts Valley, CA 95066

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION (TAC NO. L22102)

Dear Mr. McSherry:

A letter from Portland General Electric Company (PGE) dated January 9,1997,

, (VPN-001-97), contained an affidavit executed January 6, 1997, from Sierra Nuclear Corporation (SNC). The SNC affidavit requested that information provided in response to a Nuclear Regulatory Commission staff request for additional information and referenced in Attachment III to the PGE letter be 4 withheld from public disclosure pursuant to 10 CFR 2.790. The information in

, Attachment III contains calculations and drawings that are considered trade i secrets and privileged information by SNC.

The affidavit states that the submitted information should be withheld from public disclosure for the following reasons:

1. The information contained within the proprietary material is calculated data, results of design calculations, component design details, and critical dimensions that were developed by SNC. This type of information is normally held in confidence by those who invest time and money in its development. l

2. The information contained within tM proprietary material has been and is being held in confidence by SNC, and the information that is being l claimed as trade secrets and privileged information is not available in '

public sources.

3. SNC has invested a considerable amount of time, engineering labor, and money in the development of the information. Public disclosure of this information would cause substantial harm to SNC's competitive position.

Others, seeking to design similar storage cask systems, would have to make similar investments to develop the information on their own, as  ;

long as the information is not disclosed to the public.

Based on your affidavit, our review of the above listed documents, and the requirements of 10 CFR 2.790, we have determined that the above listed documents should be withheld from public disclosure pursuant to 10 CFR 2.790.

030063 NEO EU CO G,D MFD 9702030229 970130 PDR ADOCK 05000344 W PDR

g Mr. A. McSherry 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.

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. Please be advised 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 withheld information. In all review situations, if the NRC makes a 2

determination adverse to the above, you will be notified in advance of any l public disclosure.

Sincerely, Original signed by /s/ ,

I Charles J. Haughney, Acting Director i Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket No. 72-17 (50-344) cc: Service List '

l DISTRIBUTION: i Dockets 72-17.-(50-344) NRC: File Center r PUBLIC I NMSS R/F SFP0 R/F VTharpe FSturz . SShankman WReamer, OGC MMas.nik, NRR Region IV SMirsky, SAIC l OFC SFP0 A d 4 SFP0MM & M6Ff0 h =SFP0 dY SFP0

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, Mr. Stephen M. Quennoz, Trojan Site Executive

. and Plant General Manager Portland General Electric Company ,

i Trojan Nuclear Plant 71760 Columbia River Highway Rainier, OR 97048 l Chairman l j Board of County Commissioners i Columbia County St. Helens, OR.97501 4

Mr. David Stewart-Smith Administrator, Energy Resources Division Oregon Department of Energy  !

625 Marion Street, NE 1 4

Salem, OR 97310 '

2 i Regional Administrator, Region IV U. S. Nuclear Regulatory Comission l Harris Tower and Pavillion l 611 Ryan Fiaza Drive, Suite 400 I J

Arlington, TX 76011-8064 i

l Mr. H. Ray Pate  !

Manager, Licensing, Compliance and Commitment Management Trojan Nuclear Plant I 71760 Columbia River Highway Ranier, OR 97048 Mr. Lloyd K. Marbet l 19142 S.E. Bakers Ferry Road Boring, OR 97009 1

Mr. Jerry Wilson Do It Yourself Comittee 570 N.E. 53rd Hillsboro, OR 97124 Mr. Eugene Rosolie Northwest Environmental Advocates 302 Haseltine Building 133 S.W. 2nd Avenue Portland, OR 97204

)