ML20149J370

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Informs That Detailed Sys Component Drawings & Calculations That Support Info in Sierra Nuclear Corp Transtor Shipping Cask Sys Sar,Discussed in 970702 Affidavit,Will Be Withheld from Public Disclosure,Per 10CFR2.790
ML20149J370
Person / Time
Site: 07109268
Issue date: 07/24/1997
From: Kane W
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Mcsherry A
SIERRA NUCLEAR, INC.
References
TAC-L22232, NUDOCS 9707280189
Download: ML20149J370 (2)


Text

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% .* July 24, 1997 Mr. Arthur J. McSherry. President Sierra Nuclear Corporation One Victor Square Scotts Valley. CA 95066

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION (TAC NO. L22232)

Dear Mr. McSherry:

Your letter dated July 2.1997 (SNC-97-064), contained an affidavit executed July 2. 1997. The affidavit requested that the detailed system component drawings and detailed calculations that support information in Sierra Nuclear Cor] oration's (SNC) TranStor Shipping Cask System safety analysis report be wit 1 held from public disclosure pursuant to 10 CFR 2.790.

The affidavit states that the submitted information, which responds to a Nuclear Regulatory Commission request for additional information dated March 24. 1997, 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, components design details, and critical dimensions 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 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 Josition.

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 the affidavit, our review of the above-listed documents, and the 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.

However, since it is the policy of the NRC to achieve an effective balance between legitimate concerns for protection of competitive positions and the right of the public to be fully apprised as to the basis for and effects of licensing and rulemaking actions, appropriate non-proarietary drawings are required for placement in the public document room (P)R). SNC's July 2. 1997 letter (SNC-97-062) provided non proprietary responses that have been placed i in the PDR.

9707200 o 69 b h

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July 24, 1997 Mr., Arthur J. McSherry  !

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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 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 withield 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. l Sincerely, William F. Kane. Director l Spent Fuel Project Office t Office of Nuclear Material Safety and Safeguards Docket 71-9268 7 Distribution: (Control No. 0105)

Docket NRC File Center PUBLIC NMSS r/f SFP0 r/f CJHaughney VLTharpe (2) FSturz WReamer. 0GC MMasnik. NRR OFc ,SFPQ C OGC [ C SFP0 f SFP0r7,/ C NAME '

b :dd: Y MPSiemien EJLeeds [ WFf,N DATE 7//7 /97 7/N/97 7/tf/97 7/d/97 C = COVER E = COVEM & ENCLO5URE N = NO COP) 0FFICIAL RECORD COPY G:\sIERNUCL\ PROP \sHIPRAI2. PRO t

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