ML20153E458
| ML20153E458 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/1998 |
| From: | Joshua Wilson NRC (Affiliation Not Assigned) |
| To: | Kenny A ELECTRIC POWER RESEARCH INSTITUTE |
| References | |
| PROJECT-669 NUDOCS 9809280098 | |
| Download: ML20153E458 (4) | |
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 206MM001 l
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September 21,1998 Mr. Art Kenny Intellectual Property Attorney Intellectual Property Department Electric Power Research Institute P.O. Box 10412 Palo Alto, CA 94303-0813 4
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (RETRAN-02 MOD 5.2 AND VIPRE-01 COMPUTER PROGRAMS)
Dear Mr. Kenny:
By your application and affidavit dated August 10,1998, you requested that the RETRAN-02 Mod 5.2 and VIPRE-01 computer programs (Programs) be withheld from public disclosure pursuant to 10 CFR 2.790.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(A) The Programs have been held in confid've by EPRI, its owner. All those accepting the Programs must agree to preserve the c r,ridentiality of the Programs.
(B) The Programs are not available in public sources. EPRI developed the Programs only after making a determination that the Programs were not available from public sources. It required a large expenditure of dollars for EPRI to develop the Programs. The money spent, plus the value of EPRI's staff time in preparing the Programs, show that the Programs are highly valuable to EPRI. Finally, the Programs were developed only after a long period of effort of at least several months.
(C). A public disclosure of the Programs would cause substantial harm to EPRI's competitive
' position and the ability of EPRI to license the Programs both domestically and internationally. The Programs can be properly acquired or duplicated by others only with an equivalent investment of time and effort.
We have reviewed your application and the materialin accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted l information sought to be withheld contains proprietary commercialinformation. Therefore, the RETRAN-02 Mod 5.2 and the VIPRE-01 Mod 2 computer programs marked as proprietary will be I g 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.
Withholding from public inspection shall not affect the right, if any, of persons properly and 4 g) -
directly concerned to inspect the computer programs. If the need arises, we may permit our consultants working in this area to use the computer programs. We will, of course, insure that p
l the consultants have signed the appropriate agreements for handling proprietary information.
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l l Use of these computer programs will be limited to NRC computers at NRC offices. We will not l allow remote access to the computer programs by our contractors. The designed recipient and custodian for these programs is Ralph Caruso, Section Chief, Reactor Systems Branch, Office of Nuclear Reactor Regulation. He may be reached at (301) 415-1813.
! If the basis for withholding this information from public inspection should change in the future i such that the information could then be made available for public inspection, you should promptly i notify the NRC. You also should understand that the NRC may have cause to review this l determination in the future, for example, if the scope of a Freedom of Information Act request includes your 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 If you have any questions regarding this matter, I may be reached at (301) 415-1108 Si erely, *
$44M Y l Janps H. Wilson, Senior Project Manager l - Gerleric Issues and Evironmental I. Projects Branch
! Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 669 cc: See next page l
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Use of these computer programs will be limited to NRC computers at NRC offices. We will not allow remote access to the computer programs by our contractors. The designed recipient and custodian for these programs is Ralph Caruso, Section Chief, Reactor Systems Branch, Office of Nuclear Reactor Regulation. He may be reached at (301) 415-1813.
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l- If the basis for withholding this information from public inspection should change in the future I such that the information could then be made available for public inspection, you should -promptly l notify the NRC. You also 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. In all review situations, if the NRC 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, I may be reached at (301) 415-1108 Sincerely, Original Signed By:
James H. Wilson, Senior Project Manager Generic issues and Evironmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation l -
l- Project No. 669 I- cc: See next page l DISTRIBUTION l / CENTRAL SRXB r/f MSiemien GHolahan SNewberry l PUBLIC PGEB r/f WJensen JHWilson RCaruso TCollins
- DOCUMENT NAME: p:\eprirtrn. vip OFFICE PGE Q (A)SC:PgEBj BC:SRXB OGC [ (A)BC:PGJB NAME JHWi[ RArchit[e TCollins k MSiemien TEssig N L. DATE 9/ f/98 9/ h/98 9/ef /98 94 7/98 9/M/98 OFFICIAL' RECORD COPY '
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l Project No. 669 Electric Power Research Institute j.
Mr. Raymond C. Torok . _
l Project Manager, Nuclear Power Group Electric Power Research Institute
' Post Office Box 10412 Palo Alto, CA 94303 Mr. Gary L. Vine Senior Washington Representative Electric Power Research Institute 2000 L Street, N.W., Suite 805
. Washington, DC 20036 Mr. Bindi Chexal Electric Power Research Institute Post Office Box 10412 Palo Alto, CA 94303 j
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