ML20153G542
| ML20153G542 | |
| Person / Time | |
|---|---|
| Issue date: | 01/29/1997 |
| From: | Bagget S NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Basinger D HAUNI RICHMOND, INC. |
| Shared Package | |
| ML20153G471 | List: |
| References | |
| SSD, NUDOCS 9809300106 | |
| Download: ML20153G542 (2) | |
Text
.k cro UNITED STATES g*
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,E NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 W
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4 January 29, 1997 Mr. Darrell Basinger Hauni Richmond, Inc.
2800 Charles City Rd.
Richmond, VA 23231 Dear Mr. Basinger This is in reference to the affidavit, dated July 25,1996, and signed by Manfred Schumacher, in which Hauni Richmond requested that all diagrarr e, blueprints, manuals, and prototype tests submitted for the Model 2314-0-0 DS scanning hsad be withheld from public disclosure pursuant to 10 CFR 2.790.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Hauni's statements, have determined that portions of the information sought to be withheld contains trade secrets or proprietary commercial information.
However, the staff, in consultation with the Office of General Counsel, has determined that your affidavit does not comply with 10 CFR 2.790(b)(4). An example affidavit is enclosed for your reference. Please note the similarity of the wording in the example affidavit to the wording in 10 CFR 2.790.
Section 2.790(b)(1) of 10 CFR Part 2 requires that each supporting application be accompanied by an affidavit that contains a full statement of the reasons on the basis of which it is claimed that the information should be withheld from public disclosure. The section further states that the Commission will consider whether the information is of a type customarily held in confidence by the applicant. Please note that, in general, only that information which can not be obtained through observation or measurement of components or documentation obtainable by a member of the public can be withheld as proprietary material.
in addition,10 CFR 2.790(b)(1)(ii) requires that a non-proprietary version be submitted. In preparing the non-proprietary version place brackets e ind the material considered to be proprietary, and white out or black out the proprietary portions, leaving the non-proprietary portions intact.
With regard to the diagrams and blueprints, information typically considered to be proprietary includes information such as dimensional tolerances and specific manufacturing notes or details listed on the drawing. Any additionalinformation on the drawings would be releasable. In order to address this, please identify the specific information on each drawing that Hauni wishes to be held as proprietary.
Regarding the manuals, we find insufficient basis for withholding the manual from public l
disclosure. The information appears to be obtainable by the public through purchase of the device. Consequently, based on the information and justification provided by ' zuni, we are unable to conclude at this time that the information referenced in the operations manual is proprietary. You may address this issue in further detail in your new affidavit.
9809300106 950804 PDR RC SSD PDR
L l
l D. Basinger,
Regarding the prototype tests, we have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Hauni Richmond's statements, have determined that the information sought to be withheld contains trade secrets or proprietary commercial information.
l A proprietary version (with the brackets), non-proprietary version (with the marked out information), and the new affidavit must be submitted prior to the staff making its final i
proprietary determination. In accordance with 10 CFR 2.790(c), the information sought to be withheld will be placed in the Commission's Public Document Room unless you provide the Commission with the requested information, or a request that the letter be withdrawn, within 30 (thirty) days of the date of this letter If you have any questions conceming this matter, please contact me at (301) 415-7273, or Michele Burgess at (301) 415-5868.
Sincerely, eden L. Bagg ection Chief Sealed Source Safety Section Medical, Academic, and Commercial Use Safety Branch Division of industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards
Enclosure:
Example Affidavit Distribution:
SSSS r/f SSD-95-54 NEX3 i DOCUMENT NAME: C:\\SSSS\\ WOR KSS D\\HAUNI\\NR345104. AFF
- sta previous concurrence To arceive e copy of tMs document, indicate in the bon: "C" m Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy OFFICE IMAB l6 IMAB 6l OGC l
l NAME MBurgess/mb 7/;44 SBaggett '
MPSiemien*
DATE 02/04 /97 02/ (//97 0// N /97 i
OFFICIAL RECORD COPY l
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