ML20153D334
| ML20153D334 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/1998 |
| From: | Essig T NRC (Affiliation Not Assigned) |
| To: | Mallay J SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER |
| References | |
| PROJECT-702 NUDOCS 9809250028 | |
| Download: ML20153D334 (3) | |
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UNITED STATES l
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066-0001 September 21, 1998 Mr. James F. Mallay Director, Regulatory Affairs Siemens Power Corporation 2.101 Hom Rapids Road, PO Box 130 Richland, WA 99352-0130
Dear Mr. Mallay:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE SIEMENS POWER CORPORATION'S TOPICAL REPORT "SEM/PWR-98:
ECCS EVALUATION MODEL FOR PWR LBLOCA APPLICATIONS",
EMF-2087(P), REVISION 0, DATED AUGUST 31,1998 By your application and affidavit executed by J. S. Holm dated August 31,1998, Siemens Power Corporation (SPC) submitted proprietary and non-proprietary versions of "SEM/PWR-98: ECCS Evaluation Model for PWR LBLOCA Applications", EMF-2087 Revision 0, and requested that certain identified data in the proprietary version be withheld from public disclosure pursuant to 10 CFR 2.790. The information which is proprietary in the proprietary version is deleted by you in the non-proprietary version.
In the affidavit, you stated that the submitted information should be considered exempted from mandatory public disclosure because: (1) the document contains information which is vital to a competitive advantage of SPC and should be nelpful to competitors of SPC when competing with SPC; (2) the information contained in the Document is considered to be proprietary by SPC because it reveals certain distinguishing aspects of SPC licensing methodology which secure competitive advantage to SPC for fuel design optimization and marketability, and includes information utilized by SPC in its business which affords SPC an opportunity to obtair, a competitive advantage 3 ver its competitors who do not or may not knoiv or use the information contained in the Document; (3) the disclosure of the proprietary information contained in the Document to a competitor would permit the competitor to reduce its expenditure of money and manpower and to improve its competitive position by giving it valuable insights into SPC licensing methodology and 'nould result in substantial harm to the competitive position of SPC.
We have reviewed your submittal and the material in accordance with the requirements of j
10 CFR 2.790 and on the basis of SPC's statements, have determined that the submitted I D information sought to be withheld contains trade secrets or proprietary commercial information.
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J. Mai!ay September 21, 1998 j
L Therefore, we have determined that the topical report entitled "SEM/PWR-98: ECCS Evaluation Model for PWR LBLOCA Applications", EMF-2087 Revision 0, marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.79C(b'(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
l Withholding from public inspection shall not affect the right, if any, of persons properly and I
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.
l If'the basis for withholding the information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of information Act request includes your information or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sin
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Thomas H. Essig, Acting Chief Generic issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 702 l
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J. Mallay
-2 September 21, 1998 Therefore, we have determined that the topical report entitled "SEM/PWR-98: ECCS Evaluation Model for PWR LBLOCA Applications", EMF-2087 Revision 0, marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Er.ergy Act of 1954, as amended.
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i 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 the information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, Original Signed By Thomas H. Essig, Acting Chief Generic issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 702 cc: See next page Distribution:
Central File PUBLIC*
PGEB R/F JRoe TEssig FAkstulewicz RCaruso MPSiemien, OGC EWang Document name: EMF-2087
- See previous concurrence OFC PGEB SC:PGEB SC:SRXB OGC AC:PGEA NAME EWang:sw FAkstulewicz*
RCaruso*
MPSiemien*
TEssig DATE 09/21/98 09/18/98 09/11 /98 09/21/98 09fD/98 OFFICIAL RECORD COPY
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