ML20140G477

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Order That Applicant Suppl Info Filing Shall Be Withheld from Public Disclosure & Not Available for Public Insp as Provided in Cited Rule.W/Certificate of Svc
ML20140G477
Person / Time
Site: 05000231
Issue date: 11/19/1965
From: Bond J
US ATOMIC ENERGY COMMISSION (AEC)
To:
AFFILIATION NOT ASSIGNED, GENERAL ELECTRIC CO.
Shared Package
ML20140G249 List: ... further results
References
FOIA-97-34 NUDOCS 9705090177
Download: ML20140G477 (4)


Text

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UNITED STATES OF AMERICA -.;jj03 $0 44 i . .

ATOMIC, ENEICY COMMISS10H

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In the matter of the application by ,

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' GENERAL ELECTRIC COMPANY i ud l SOUTHWEST ATOMIC ENERGY ASSOCIATES p DOCKET No. 50-231  !

I For a Pm visional Construction Permit -

for the Southwest Experimental Fast gayg 7

Oxide Reactor (SEPOR) 7 bd

'p.

, ORDER l

1. The Applicants have submitted various documents as additional i

> evidence concerning certain matters reserved for further consideration

'in this Board's Initial Decision which was issued on September 10, 1965 j Among these papers are Exhibits A, a

B,,

, C and D which an identified in i EJ t ' the accompanying unverified pleading as "true copies . . . of all or ~

i part" of four SAEA contracts with AEC, Gesellschaft and GE (2); the pleading states that the second of these is the complete contract and i

lj The pleading is entit[ed "SUPPUMENTAL INFOINATION, APPLICATION FOR WITHHOLDING INITIAL DECISION". DOCUMENTS FIOM PtJBLIC DISCIOSURE AND COMMENTS ON THE Under consideration at this time is only the application for withholding documents. However, it is now pointed out--and the parties may vish to respond--that the Initial Decision (5 43) contemplated " additional evidence by way of verified wr1tten statements".

Under $ 7 of the Ad'ninistrative Procedure Act the decision in this proceeding must be " supported by and in accortlance with the reliable, probative, and substantial evidence."

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l 9705090177 970505 '

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. that the other* exhibits include "only those portions of the co:stracts i ich Applicants believe have some relation to the national security i and alien ' control implications", a matter reserved for further considention.

2. Applicants' pleading requests that, pursuant to $ 2 790 of the ,

t Commission's Rules of Practice, Exhibits A through D as described above t 5

be withheld from public disclosure for the reason that the documents -

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, , an private contracts the public inspection of which, to the Applicants' disadvantage, would iwyeal matters of commercial significance. - The AEC i Begulatory Staff has filed a document expressing its consent to the l

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vithholding of the foregoing documents and stating its view that disclo- i sure "is not required in the public ict" rest and would adversely affect i

the interest of the applicants."

3 The Board finds that the Applicants have complied with, and made the showing required by, $ 2 790(b) of the rules and e.ccordingly concludes that the Applicants' request for withholding documents from 21 -

l the public records and from public inspection should be granted. How-ever, it is expressly declared that the documents which am the subject I

of that request and of this Order are a part of the decisional record l

in this proceeding. Unless otherwise detezinined for good cause shown as .sherein provided, portions of these documents deemed significant may -

I be either summarized or paraphrased or directly quoted in the supplemental

. decision later to be issued and published ir this proceeding. <0bjections l

2] Under the applicable rule the right of any person " properly and directly concerned" to inspect these documents is not affected by

{ this action. l

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'. i to this intended procedure, with supporting reasons and arguments, may be submitted within twenty ('20) days after the issuance of this Order. I ACCORDINGLY, l

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IT IS ORDERED this 19th day of November 1965 that, pursuant to

$ 2 790 of the Commission's Rules of Practice, Exhibits A, B, C and A as separately submitted with the Applicants' supplemental information filing dated November 5,1965 (received November 12,1965) ahall be withheld frca public disclosure and not available for public inspection .

as pmvided in the cited rule.

ATOMIC SAlTFI AND LICEIE1RQ ll0ARD l A. Dixon ca114h==

l Thenas H.'.Pigford I

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. D." Bond, Chairman Issued:

November 19, 1965 GermSntown, Maryland i-d d

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., IMITED STABS OF AMERICA l ATGtIC EMEGY C000tISSION

. - In the Matter of GENERAL EIETRIC COMPAR Docket No. $0a231 v fWj i

8015D58f A'NatIC MERGE A380CTAvsn Eile copg j CERTIFff! Ave OF SENICE I hereby certify that copies of the CRMR issued Eevember 19, 1965 <

inthecaptionedmatterhavebeenservedonthefollowingbyldepositin the I!nited States Mail, first class or air mail, this 19th day of November, 1965:

Dr. A. Dixon Callihan Soutkeest Atomic Energy Associates

Oak Ridge National Imboratory 306 Pyramig p m im ,

P. O. Bau Y Little Book, Arkansas Oak Ridge Tennessee Attention J. Robert Welsh Dr. Thomas E. Figford General E1 metric Company Professor af Emelaar Engiacering Atomic Poser Equipment Departaset

, tktiversity of California 175 Curtaer Avenue Berkeley, Calif 6rnia P. O. Deu 5%

San Jose, California '

Troy Commer, Esq. Attention Jules Pearlman, Esq.

U. 8. Atenic Energy Cammission

, Washingten, D. C. Ion. Gene thrasher

! Coasty Courthouse Dr. Jones T. Harron Fayetteville, Arkansas l State Realth Officer s

Arkansas State Easrd of Esalth Little Book, Arkansas 73200 C.

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. D h ce of the Settretary

! ce J. D. Bond, Chairman, a y Troy Conner g.

E. Diggs l

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