ML20147J409

Informs That Documents Contained in Affidavit Executed 970318 from Sierra Nuclear Corp,Will Be Withheld from Public Disclosure,Per 10CFR2.790

ML20147J409
Person / Time
Site:	Trojan  File:Portland General Electric icon.png
Issue date:	05/02/1997
From:	Kane W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Mcsherry A SIERRA NUCLEAR, INC.
References
TAC-L22102, NUDOCS 9705070129
Download: ML20147J409 (3)

Text

.

,a-g  % UNITED STATES s* j t

NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 30006-4001

%..... May 2, 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 March 20. 1997 (VPN-018-97), contained an affidavit executed March 18, 1997, from Sierra Nuclear Corporation (SNC) requesting that the information provided in Attachment 3 as Enclosures 2. 3. 5. 7. 8. 9, 10. 11. 14. 15, 16, 17, 21, 23.

m and 24. De withheld from public disclosure pursuant to 10 CFR 2.790. The i information in the listed enclosures contain calculations, drawings, and documents that are considered trade secrets and privileged information by SNC.

in support of the Trojan Independent Spent Fuel Storage Installation application.

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.

2. The information contained within the proprietary material has been and is being held in confidence by SNC. and the information that is being 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 )osition.

Others, seeking to design similar storage cask systems, would lave 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 i 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.  !

It is the policy of the Commission to achieve an effective balance between '

legitimate concerns for protection of competitive positions and the right of the public to be fully apprised of the basis for and effects of licensing and ) i rulemaking actions.

IJ HF01 0' ilR"I8a!K818888u W

NRC FILE CENTER COPY PDR

Portland' General Electric Company Trojan Nuclear Power Plant Docket No. 72-17 (50-344) cc:

Chairman Board of County Commissioners Columbia County St. Helens. OR 97501 i Mr. David Stewart-Smith Administrator, Energy Resources Division Oregon Department of energy 6?5 Marien Str6ei.. NE Salem. OR 97310 Regional Administrator. Region IV U. S. Nuclear Regulatory Commission Harris Tower and Pavillion 611 Ryan Plaza Drive. Suite 400 Arlington, TX 76011-8064 Mr. H.. Ray Pate Manager, Licensing. Compliance and Commitment Management Trojan Nuclear Plant 71760 Columbia River Highway Rainier, OR 97048 Mr. Lloyd K. Marbet 19142 S.E. Bakers Ferry Road Boring OR 97009 Mr. Jerry Wilson Do It Yourself Committee 570 N.E. 53rd Hillsboro, OR 97124

=Mr. Eugene Rosolie-Northwest Environmental Advocates  ;

302 Haseltine Building ]

133 S.W. 2nd Avenue Portland. OR 97204 Mr. Adam Bless Trojan Nuclear-Plant 71760 Columbia River Highway Rainier, OR 97048 j

l 1

2 l Mr$A.McSherry l

Withholding from public inspection shall not affect the right, if any, of i per,' sons properly and directly concerned to inspect the documents. If the need l arises, we may send copies of this information to our consultants working in this area. We will, of ccurse, ensure that the consultants have signed the appropriate agreements for handling proprietary information. 1 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 l that the NRC may have cause to review this determination in the future, for I exam)le, if the scope of a Freedom of Information Act recuest includes your I withleld information. In all review situations, if the hRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely.

Original signed by /s/ l l

William F. Kane. Director ,

Spent Fuel Project Office ,

Office of Nuclear Material Safety '

and Safeguards Dockets 72-17 (50-344) cc: Service List l DISTRIBUTION: 1 Dockets 72-17 (50-344) NRC File Center PUBLIC NMSS R/F l SFP0 R/F VTharpe FSturz CHaughney SShankman WReamer. OGC MMasnik NRR VEverett. IV SMirsky, SAIC .

• See Drevious concurrence. _

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DATE 04/23/97 04/24/97 04/30/97 h///97 C - COVER E = COVER & LNCLO5URE N = NO COPY OFFICIAL RECORD COPY G:\SIERNUCL\PR0r\PGE01897.LTR 05/02/97 :dd