ML20137A183
| ML20137A183 | |
| Person / Time | |
|---|---|
| Issue date: | 03/17/1997 |
| From: | Kim T NRC (Affiliation Not Assigned) |
| To: | Stramback G GENERAL ELECTRIC CO. |
| References | |
| NUDOCS 9703200226 | |
| Download: ML20137A183 (2) | |
Text
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30666 0001 k...../
March 17, 1997 I
c Mr. George B. Stramback, Project Manager Regulatory Services General Electric Company 175 Curtner Avenue San Jose, CA 95125
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE l
(NEDC-32523P, " GENERIC EVALUATIONS OF GENERAL ELECTRIC BOILING WATER REACTOR EXTENDED POWER UPRATE--SUPPLEMENT 1, VOLUMES I AND II")
Dear Mr. Stramback:
By your application and affidavit dated July 3,1996, you submitted NEDC-32523P, Supplement 1, Volumes I and II, and requested that it be withheld from public j
disclosure pursuant to 10 CFR 2.790.
Your application did not include a nonproprietary version of Supplement 1 to NEDC-32523P, and we request that a nonproprietary version of the report be j
submitted to NRC for release to the NRC Public Document Room.
4 i
j You stated that the submitted information should be considered exempt from i
mandatory public disclosure for the following reasons:
1.
The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General i
Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies.
2.
The information, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product.
i 3.
Public disclosure of the information sought to be withheld is like to j
cause substantial harm to General Electric's competitive position and i
foreclose or reduce the availability of profit-making opportunities. the i
information is part of General Electric's comprehensive BWR safety and
{)(f9 technology base, and its commercial value extends beyond the original i
development cost.
The value of the technology base goes beyond the i
extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process.
In addition, the technology base includes the value i
derived from providing analyses done with NRC-approved methods, including justifications for not including certain analyses in applications to change the licensing basis.
i We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information. (0-ga G6 97 s Y 9703200226 970317
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l G. B. Stramback March IT,.1997 Therefore, NEDC-32523P, Supplement 1, Volumes I and II, marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and
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Section 103(b) of the Atomic Energy Act of 1954, as amended, j
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 inspection should l
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, l
Original signed by i
Tae Kim, Senior Project Manager Project Directorate 111-1 Division of Reactor Projects - III/IV q
Office of Nuclear Reactor Regulation cc:
Mr. Wayne Marquino, Project Manager General Electric Company 175 Curtner Avenue San Jose, CA 95125 DISTRIBUTION Central File J.Jacobson, DRP/RIII PUBLIC R.Ingram PD3-1 Rdg M.P. Siemien & (MPS)
J. Roe EGAdensam (EGAl)
R.Frahm,Sr.
L.Phillips DOCUMENT NAME: G:\\WPDOCS\\UPRATE\\GE960703.PR0 To receive a copy of this document, Indicate in the box C w/o attachment /erclosure E= Copy with attacPwnent/ enclosure N = No 0FFICE LA:PD31 C
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03/ 7 /97 )
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