ML20149J361

Informs That Calculations Submitted in Support of Trojan ISFSI Application,Discussed in 970501 Affidavit,Will Be Withheld from Public Disclosure

ML20149J361
Person / Time
Site:	Trojan  File:Portland General Electric icon.png
Issue date:	07/24/1997
From:	Kane W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Mcsherry A SIERRA NUCLEAR, INC.
References
TAC-L22102, NUDOCS 9707280185
Download: ML20149J361 (3)

Text

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a at:vy' g* t UNITED STATES f#'N NUCLEAR REGULATORY COMMISSION

! WASHINGTON, D.C. 300aH001 sp/[

g..... July 24, 1997 i

Mr. Arthur J. McSherry. President i Sierra Nuclear Corporation  !

One Victor Square l Scotts Valley, CA 95066 l

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION (TAC NO. L22102)

Dear Mr. McSherry:

Portland General Electric Company's (PGE's) letter dated May 6, 1997 (VPN-039 97). contained an affidavit in Attachment II, executed May 1,1997, by Sierra Nuclear Corporation (SNC). The affidavit requests that the information provided in Attachment I to the PGE letter be withheld from public disclosure pursuant to 10 CFR 2.790. The inftrmation listed in the attachment contains calculations (PGE01-10.02.03-01. Revision 2) in support of the Trojan Independent Spent Fuel Storage Installation application that SNC considers trade secrets and privileged information.

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 includes calculated data, results of design calculations, component design details, and critical dimensions developed by SNC. This type of information is nvmally 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 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 no?. disclosed to the public.

Based on the affidavit, our review of the above document, and the requirements of 10 CFR 2.790, we have determined that the above document should be withheld from public disclosure pursuant to 10 CFR 2.790. It is the policy of the Nuclear Regulatory Commission to achie/e an effective balance between legitimate concerns for protection of competitive positions and the right of the public to be fully apprised of the l' asis for and effects of licensing and rulemaking actions. g

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July 24, 1997 Mr. A. McSherry ,

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document. 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 NRC. Please be advised that the NRC may have cause to review this determination in the future, for exam)le, if the scope of a Freedom of Information Act request includes your with1 eld 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.

William F. Kane. Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Dockets 72-17 (50-344) cc: Service List DISTRIBUTION:

Dockets NRC File Center PUBLIC NMSS R/F SFP0 R/F VTharpe FSturz CHaughney.

WReamer. OGC MMasnik. NRR VEverett. IV SMirsky SAIC 0FC sFPu A OGC Nd C SFP0 A sFPO, o f C NAME DGReidddPvtk/k MPSiemken EJteeds WEh DATE 07// 7/97 07/M/97 07/2k/d 07/).//97 C - con R  : - COVER & ENCLO5URE N - NO LOh Of fICIAL RECORD COPY G:\slERNUCL\ PROP \PGE03997 LTR

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Chairman Board of County Commissioners Columbia County i St. Helens, OR 97501 1 Mr. David Stewart-Smith 1 Administrator, Energy Resources Division J Oregon Department of Energy l 625 Marion Street, NE Salem, OR 97310  ;

Regional Administrator, Region IV l U. S. Nuclear Regulatory Commission '

Harris Tower and Pavillion 611 Ryan Plaza Drive. Suite 400 t t

. 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 l

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