ML20149J295
| ML20149J295 | |
| Person / Time | |
|---|---|
| Issue date: | 07/25/1997 |
| From: | Birmingham J NRC (Affiliation Not Assigned) |
| To: | Taylor J FRAMATOME |
| References | |
| PROJECT-693 NUDOCS 9707280152 | |
| Download: ML20149J295 (4) | |
Text
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NUCLEAR REGULATORY COMMISSION l WASHINGTON, D.C. 2066Hm01 l
/ July 25, 1997 l Mr. J. H. Taylor, Manager
! Licensing Services Fram:; tome Technologies Inc P.O. Box 10935 Lynchburg, VA 24505-0935
SUBJECT:
FRAMATOME TECHNOLOGIES INC. REQUEST TO WITHHOLD PROPRIETARY
! INFORMATION FROM PUBLIC DISCLOSURE l
Dear Mr. Taylor:
By letter dated July 18, 1997, Framatome Technologies Inc. (FTI) submitted (1) {
a response to two NRC questions regarding rod control cluster assembly (RCCA) '
insertion concerns and (2) proprietary and nonproprietary versions of Report BAW-2294, "Performar.ce Summary of the Mark-BW Fuel Assembly Design." BAW-2294 includes results of the McGuire 2 cycle 10 post irradiation examination which were the basis for data presented at a December 18, 1996 meeting with NRC on RCCA insertion concerns.
In that letter, FTI stated that certain information in the responses and in Report BAW-2294 was considered proprietary by FTI and should be withheld from public disclosure in accordance with 10 CFR 2.709. Attachment 5 of the letter is your signed affidavit, dated July 18, 1997, in support of that request. l Specifically, the affidavit referenced:
1
- Attachment 1: FTI responses to two NRC questions related to RCCA l insertion issues, Attachment 2: BAW-2294, " Performance Summary of the Mark-BW Fuel Assembly Design."
The affidavit stated that this information has been neld in confidence by the B&WOG and should be considered exempt from mandatory public disclosure for the following reasons:
1 (a) The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing or marketing l a similar product. 1 (b) The information consists of test data or other similar data concerning a process, method or component, the application of which results in a competitive advantage to FTI.
l l We have reviewed the submitted material in accordance with the requirements of l 10 CFR 2.790 and, on the basis of statements by you, have determined that the ,i p submitted information sought to be withheld does contain proprietary i commercial information. 2 oJ t
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1 J. Taylor 2 July 25, 1997 Therefore, we have determined that A~ctachments 1 and 2, marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. We have also determined that At'achment 6, a nonproprietary version of the response to the NRC questions, and Attachment 7, a nonproprietary version of Report BAW-2294, shall be placed in the NRC Public Document Room.
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 Nuclear Regulatory Commission. You should also understand that NRC may have cause to review this determination in the future if, for example, the scope of a Freedom of Information Act request included your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
If you have any questions regarding this matter please contact me by phone at 301/415-2829 or by email at jlb4@nrc. gov.
Sincerely p Joseph L. Birmingham, Project Mgr.
Generic Issues and Environmental Projects Branch Office of Nuclear Reactor Regulation Project No. 693
l
)
J. Taylor 2 July 25. 1997 Therefore, we have determined that Attachments 1 and 2, which are marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atcmic Energy Act of 1954, as amended.
We have also determined that Attachment 6, a nonproprietary version of the response to the NRC questions, and Attachment 7, a nonproprietary version of Report BAW-2294, shall be p1hced in the NRC Public Document Room.
1 Withholding from public inspection shall not affect the right, if any, of l 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.
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 Nuclear Regulatory Commission. You should also understand that NRC may have cause to review this determination in the future if, for example, the scope of a Freedom of Information Act request included your information. In all review situations, if the NRC needs additional information from you or makes a determination l adverse to the above, you will be notified in advance of any public disclosure.
1 If you have any questions regarding this matter please contact me by phone at 301/415-2529 or by email at jlb40nrc. gov. l l
Sincerely, 1 Original Signed By:
l Joseph L. Birmingham, Project Mgr.
Generic Issues and Environmental Projects Branch Office of Nuclear Reactor Regulation i Project No. 693 l DISTRIBUTI0ti: l Docket File PUBLIC JBirmingham MChatterton PGEB r/f JLyons FAkstulewicz SRXB r/f DMatthews MSiemien MSlosson 0GC ACRS Document Name: LB\PROPRIET.JLB //f l OFFICE NAME OGC MPSi PGEB:DRPM JLBirmi a
/ C $ :DRPM st ewicz RGEB:l0 RPM BMatthews DATE 07 97 07/u/97 07p97 07/g97 1 0FFICIAL RECORD COPY l
cc: See next page k j
1 Owners Group Project No. 693 B&WOG Executive CommitteeMr. Robert W. Keaten, Chairman Vice President Technical & Director Functions B&WOG of Steering CommitteeMr. W. W. Fos te GPU One Nuclear Corporation Upper Duke Power CompanyDirector of Safety Assuran Parsippany,NJ Pond Road 07054 Oconee Nuclear Station PO Box Seneca,1439 SC 29679 Rockville Licensing OpeMr. R. B. Borsum, Manager Framatome Technologies, Inc.
rations Rockville, MD1700 Rockville Pike, Suite 525 20852-1631
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.. 1 B&W Owners Group Project No. 693 '
Mr. Robert W. Keaten, Chairman Mr. W. W. Foster, Chairman B&WOG Executive Committee B&WuG Steering Committee i Vice President & Director of Director of Safety Assurance l Technical Functions Duke Power Company '
GPU Nuclear Corporation Oconee Nuclear Station l One Upper Pond Road PO Box 1439 !
Parsippany, NJ 07054 Sencca, SC 29679 i Mr. R. r, Borsum, Manager !
Rockville Licensing Operations i Framatome Technologies, Inc.
1700 Rockville Pike, Suite 525 Rockville, MD 20852-1631 1
..