ML20151P477

Notifies That Approval of 780517 & 0414 Requests to Withhold Suppl to App 1 of Decommissioning Plan as Proprietary Not Possible W/O Addl Justification Re Potential Commercial Harm.Specific Responses to Identified Concerns Requested

ML20151P477
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 8601140259
Download: ML20151P477 (3)

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O O DIS FRIBUTION:

fiocket File 70-135 _ d Docket File 70 354' Docket File 70-1201 NMSS:R/F TC??;F./F Cock.ct !!os.70-135, 70-364, 70-1201 PDR LPDR IE410 (2)

ELD WTCrow LCRouse AY0I?970 RStaroStecki JBMartin

'E LS cy cG on Babcock a. Wilcox Conpany WMMd6 ATTil: Mr. J. R. Lewis, Division Cou tsel Huclear Haterials Division P. 9. Box 1266 Lynctiburg, Virginia 24505 Gentlemen:

Subject:

Rer,uest for Withholding Inforr.ation frcm PublIc Disclosure Cy your application of flay 17, 1978, and af fidavit dated f pril l',,

1978, you submitted a proprietary supplenent to A.ppendir.1 of your deconnissioning plan and reqwsted that it ce withheld frca public disclosure r ursuant to 10 CR 2.790, Penbers of ny staff have held several telephone discussions with you on this specific request. The purpose of this letter is to confim these discussions and to formall/ request the additional inforaation previously identified and discussed with you.

Your reasons for requesting cur withholding of this inferaation were "that decontamination of nuclear facilities represcots a Dusiness opcortunity in which there will be substantial ccyctition; and whether applied to cur own facilities as a part of our cost base or to the facilities of potential customers, the techniques we utilize and the relative success (or fall tre) represented thereby are reoresentative of know-hoi.i developed by liabcock & Wilcox over a nue+er of years and at our ein risk and expense. lhis intornation could be duplicated by others but only w*th sub.stantial difficulty and at considerable expense."

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Secticn 2.790(b)(1)(ii) of 10 0FR Parc 2 of tne conaission's regulaticns requires that each supporting affidavit contain a full statement of the reasons on the Dasis of which it is claimed that the information should he withheld from public disclosure. The section further requires the statenent to " address with specificity" the considerattor.s listec in Sec.tton 2.790(b)(4).

Your affidavits have been reviewed in 119 nt of the afore:.entioned paragraphs of the regulations and have been deternined to contain generalized statenents lacking sufficient factual bases for thair support. More particulariy, we are unable to conclude after review of the statenents contained in ycur affidavits that public distlosure of the specific informtion ro<pested to be withheld is likely to cause snbstantial nam to the cocpetitive position of the Babccck &

Wilcox Company. Accordingly, consider,ition should be given to supple *1cnting the present record with additional f actual infornatiot..

If cuch action is taken, it is sugysted that you turnish specific f actual infomation in your cffidavit. indicating:

(1) The enount of recources, both in effort and nonies, exptnded to develcp the specific infornation requested to be withheld; (2) The nan:es of the t.07eti tors to which the affidavit refert; (3) The case or difficulty 4,ith which the specific informtion sour,ht to be withheld could be properly acqaired by said coanetitors, taking into accouiit their current capcDiltties (technical, econo'iic. or otherwisa);

(4) Thte cr/narcial advantage to such coraetitors snould they obtain the specific trfen.ation sought to be withheld; (5) Uhy is it likely that as a result cf your competitors receiving the above advantages, the Babcock & Wilcox Conpanj't coopetitive pnsition would Le substantially harmed; and (6) Nature of the above h3m and cny othcr fcets that would indicate that disclosure of the specif t inf orcation souqht 1.0 be withheld is likely to cauw substantial harm to the competitive positlop of the Gabcock CRilc.ox Conpany .

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In su". nary, we have detemined that your affidavit is not in confamity with Section 2.790(b) of the Commission's regulations inasmuch as they 7 fail to address the considerations of paragraph b(4)(v) with sufficient specificity to enabic us to nake the required detemination under Section 2.790(b). Consequently, we are, unable to conclude at this time that the infomation referenced in the affidavit is proprietary.

In accordance with Section 2.790(c), the infomation sought to be withheld will be placed in the Concission's Public Document Room 45 days after the date of this letter unless you either withdraw ---

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the information requested to be withheld or provide the Nuclear -

Regulatory Commission with anended affidavits meeting the requireiaents

of Section 2.790(b). -

.o Based on the information provided to date, we believe that with- -

drawal of the information will not be an acceptable course of action.

Adequate infomation is necessary in order to act on your decomais- _

+ sioning plan; therefore, we strongly urge you to reconsider the "

request for withholding froa public disclosure. _-

.l Regarding the environmental assessment of your contemplated AUC -

facility at Lynchburg, Virginia, since the proprietary supplement v referred to above only relates to the Parks Township Plutonium Plant and not the AUC facility, we will proceed with the environmental assessment. The schedule for the conpletion of this review has not _-

been detemined as of now; hcwever, I can assure you that it will be completed well before your planned start of construction in early 1979. a-Si ncerely, -

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Original Signed by '

g _. Leland C. Rouse __'

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John B. Ibrtin, Assistant Director Fuel Cycle Safety and Licensing .

Division of Fuel Cycle and

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$la ij;t( 24 PM 3 27 Telephone: (412) 842-0111 May 22,1978 U.S. in-'. m PEG.

HMsS$fh!'jkNTION g g POCKETED.

Dr. James A. Powers b y,AY 3 1 1978 > 2 .

Assistant Director for Licensing -

5 Malt.Nuss Division of Safeguards }

' U. S. Nuclear Regulatory Commission sECTION Washington, D. C. 20555 y DOCKET Ct.E".X

Dear Dr. Powers:

cv to Pursuant to the requirements of 10-CFR-70.57, Babcock and Wilcox, Nuclear Materials Division, Pennsylvania Operations herein submits a Measurement Control Plan (Fundamental Nuclear Material Control Plan, Part 4, SNM-414 and SNM-145) for review and approval. Four Addendums are included for clarification and detail.

The enclosed Plan will increase the effectiveness of safe-guarding special nuclear material.

Should you have any questions regarding this Measurement -

Control Plan, please advise us.

1 Very truly yours, R. A. Williams, Manager h< /?k A bh Technical Control -

RAW /raa Enclosure

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' A l i FEE EXEMPT

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WUlV / NS5 [9 'l, 1117 The Babcock & Wilcox rnpany / Established 1867