ML20141F691

Confirms Discussions & Formally Requests Addl Info Re 780517 Application to Withhold App I of Decommissioning Plan (Ref 10CFR2.790).Affidavit Not in Conformity w/10CFR2.790(b)

ML20141F691
Person / Time
Site:	07001201, 07000364, 07000135
Issue date:	06/01/1978
From:	Martin J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Lewis J BABCOCK & WILCOX CO.
References
NUDOCS 8601090515
Download: ML20141F691 (3)

Text

\.. ,

DISTRIBUTION: ,

Docket File np.135 1

Docket File 70-364 Docket File 70-1201 PMSS:R/F FCPF:R/F 3

Occket Nos.70-135, 70-364, 70-1201 POR LPOR IE-HQ(2)

ELD WTCrow LCRouse e4R 0 I 37 RStarostecki JBMartin TL%ey cGoo Babcock & Wilcox company ATTH: Hr. J. R. Lewis, Division Counsel Nuclear Haterials 01 vision P. O. Box 1260 Lynchburg, Virginia 24505 l Gentlemen:

Subject:

Request for W1'hholding Infomation from Public Disclosure By your appitcation of Hay li,1978, and af fidavit dated April 14, 1978, you substtted a proprietary supplenent to Appendix I of your

! decomnissioning plan and reouested that it be withhold frore public disclosure pursuant to 10 CFR 2.790.

Menbers of my staff have held scworal telephone discussions with you on this specific request. The purpose of this Ictter is to ennfirm these discussions and to foma11y request the additional infomation previously identified and discussed with you.

Your reasons for requesting our withholding of this infomation were "that decontamination of nuclear facilities represents a business spportunity in which there will be substantial co petition; and whether applied to our own fact 11 tics as a part of our cost base or to the facilities of potential custo".rcrs, the techniques we utiltre and the relative success (or failuro) represented thereby are representative of know-hw developed by Uabcock & Wilcox over a number of years and at our own risk and expense. This infomation could be duplicated by others but only with substantial difficulty and at considerable expense."

07 5 i

.* *ie e * ...__ __ __ .. _

.m. .e > .. . . . . _ . _ . . . _..._... ._ _ _ ,

l

..... i l _ _ . . _ . . _ _ . .__ _ _ . . . . . ,

[

s

{  ; mac poem no w.mi wecm one *w. . n .m .,ma me - 4 l J

1 a e i i 2 Section 2.790(b)(1)(fi) of 10 CFR Part 2 of the Coixnission's

, regulations requires that each supporting affidavit contain a full i

statement of the reasons on the basis of which it is claimed that the l information should be withheld from public disclosure. The section further requires the statenent to " address with specificity" the l considerations listed in Section 2.790(b)(4).

t Your affidavits have been reviewed in light of the aforementioned paragraphs of the regulations and have been detemined to contain generalized statements lacking sufficient factual bases for their support. Ibre particularly, we are unable to conclude af ter review

{ of the statements contained in your affidavits that public disclosure of the specific infomation requested to be withheld is likely to i cause substantial ham to the competitive position of the Uabcock &

i Wilcox Company. Accordingly, consideration should be given to supplementing the present record with additional f actual infomation.

! If such action is taken, it is suggested that you furnish specific

! factual infomation in your affidavit indicating:

c

] (1) The amount of resources, both in effort and oonies, 4

i expended to develop the specific information requested i

to be withheld; i

(2) The names of the competitors to which the affidavit I 6! refers; I

(3) The case or difficulty with which the specific infomation i! sought to be withheld could be properly acquired by said

!j conpetitors, taking into account their current capabilities (technical, economic, or otherwise);

(4) The commercial advantage to such competitors should they obtain the specific infomation sJught to be withheld; 1>

'l (5) Why is it likely that as a result of your competitors ll receiving the above advantages, the Babcock & Wilcox l ; Company's conpetitive position would be substantially i I hamed; and (6) Nature of the above ham and any other facts that would indicate that disclosure of the specific infomation i sought to be withheld is likely to cause substantial

} hann to the competitive position of the Babcock & Wilcox

Conpany.

I.

I

{ -. _.. _ -

llP l !

o ,e >

l , m c ronu m o.m uncu . h .................. .,;........... ..

1 L

l

! 3 i

! In sunnary, we have detemined that your affidavit is not in confomity I

with Section 2.790(b) of the Comission's regulations inasmuch as they

! fail to address the considerations of paragraph b(4)(v) with sufficient i specificity to enable us to nake the required detemination under l Section 2.790(b). Consequently, we are, unable to conclude at this j time that the infomation referenced in the affidavit is proprietary.

I j' In accordance with Section 2.790(c), the infomation sought to be i withheld will be placed in the Conmission's Public Document Room 45 days af ter the date of this letter unless you either withdraw the information requested to be withheld or provide the Nuclear i Regulatory Commission with anended affidavits reeting the requirei.1onts of Section 2.790(b).

Based on the infomation provided to date, we believe that with-drawal of the infomation will not be an acceptable course of action, j Adequate infomation is necessary in order to act on your decommis-i sioning plan; therefore, we strongly urge you to reconsider the request for withholding from public disclosure.

I Regarding the environnental assessment of your contemplated AUC facility at Lynchburg, Virginia, since the proprietary supplement referred to above only relates to the Parks Township Plutoniun Plant I and not the AUC facility, we will proceed with the environmental assessment. The schedule for the completion of this review has not been detemined as of now; however, I can assure you that it will be coupleted well before your planned start of construction in early 1979.

Si ncerely, Orldnnl Sinnorf by'

. Leland C. Rouso

~DD

, John 11. Itartin, Assistant Director Fuel Cycle Safetty and Licensing i Division of Fuel Cycle and l Material Safet/

h

\ J r fl

-/Jf

6/1/78 g/ e

= * *

• EC.P.,f,.g[.d _.

R _ , _ , ,

FCP ,,

. ,,,, F CS L / ELD eva=*==* . WICr.0N10.g _. . RStargs(qc.kJ,. _LCRouse _JBMartin I l

i . . , e e,. 6/f /78 6/1/78 6/ / /78 6/ /78 6/{ /78 N^C FORM 318 (9 76) NROM oito W u. e. oove.=usme reintime orriese este - ese esa j