ML20155K572
| ML20155K572 | |
| Person / Time | |
|---|---|
| Issue date: | 11/09/1998 |
| From: | Birmingham J NRC (Affiliation Not Assigned) |
| To: | Coleman T FRAMATOME COGEMA FUELS (FORMERLY B&W FUEL CO.) |
| References | |
| PROJECT-693 NUDOCS 9811160024 | |
| Download: ML20155K572 (3) | |
Text
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g j NUCLEAR REGULATORY COMMISSION l ., WASWNGTON, D.C. 20666-0001
% # November 9, 1998 ;
i Mr. T. A. Coleman, Vice President Government Relations -
Framatome Cogema Fuels l l '
P.O. Box 10935 Lynchburg, VA 24506-0935 !
l
Subject:
Framatome Cogema Fuels (FCF) Request to Withhold Proprietary Information from l
Public Disclosure '
l
Reference:
J. L. Birmingham, NRC, to T. A. Coleman, Government Relations, Request for l Additional Information on the Responses to RAI for BAW-10199P, Addendum 1, "The BWU Critical Heat Flux Correlations," July 27,1998.
Dear Mr. Coleman:
By letter dated October 21,1998, FCF submitted proprietary and nonproprietary versions of responses to the refwence request for information. Enclosed in the letter was an affidavit, also dated October 21,1998, stating that certain information identified in the proprietary version was considered proprietary by FCF and requesting that the proprietary information be withheld from j public disclosure. The affidavit referenced:
e Exhibit A: Responses to NRC Request for Additional Information on Topical Report l BAW-10199P, Addendum 1, "The BWU Critical Heat Flux Correlations,"
l dated July 27,1998.
e Exhibit B: Statement that Exhibit A contains information considered proprietary by l FCF in accordance with critsria c, d and e of the attached affidavit, j; The affidavit stated that this information has been held in confidence by the B&WOG and should be considered exempt from mandatory public disclosure for the following reasons:
(a) The use of the information by a competitor would decrease hisr expenditures, in time or resources, in designing, producing or marketing a similar product.
(b) The information consists of test data or similar data concerning a process, method, component, the application of which results in a competitive advantage to FCF.
}'D (c) The information reveals special aspects of a process, method, component or the like, the exclusive use of which results in a competitive advantage to FCF.
We have reviewed the submitted material in accordance with the requirements of 10 CFR 2.790 D
- and, on the basis of statements by you, have determined that the submitted information sought i to be withheld does contain proprietary commercial information.
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9811160024 981109 PDR TOPRP ENVBW h6j [f/ 2 l fh3&D l
4 T. Colema,n 2 November 9, 1998 Therefore, we have determined that Exhibit A, which is marked as proprietary, will be 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. We have also determined that the nonproprietary version of the responses should be placed in the NRC Public Document Room.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concemed 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 Nuclear Regulatory Commission. You should also understand that NRC may have cause to review this determination in the future if, for example, the scope of a Freedom of Information Act request included your information. In all review situations, if the NRC needs additional information from you or makes a deterrnination adverse to the above, you will be notified in advance of public disclosure, if you have any questions regarding this matter please contact me by phone 301/415-2829 or emailjlb4@nrc. gov.
Sincerely, -
V -
Joseph L. Birmingham, Project Manager Generic issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 693 cc: Mr. F. McPhatter, Manager Framatome Cogema Fuels 3315 Old Forest Road P,0. Box 10935 Lynchburg, VA 24506-0935
L,
'j T. Colim:tn 2 November 9, 1998 Therefore, we have determined that Exhibit A, which is marked as proprietary, will be withheld l from publig disclo,sure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. We have also determined that the nonproprietary version of the responses should be placed in the NRC Public Document Room.
- Withholding from public inspection shall not affect the right, if any, of persons properly and l 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 Nuclear Regulatory Commission. You should also understand that NRC may have cause to review this determination in the future if, for example, the scope of a Freedom of Information Act request included your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of public disclosure.
If you have any questions regarding this matter please contact me by phone 301/415-2829 or email jlb4@nrc. gov.
Sincerely, Original Signed By:
Joseph L. Birmingham, Project Manager Generic issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 693 cc: Mr. F. McPhatter, Manager Framatome Cogema Fuels 3315 Old Forest Road P.O. Box 10935 Lynchburg, VA 24506-0935 DISTRIBUTION: Hardcopy: E-Mail:
MUBLIC JBirmingham Docket File TEssig PGEB r/f FAkstulewicz OGC THuang ACRS DOCUMENT N AME: G:\JLB\ PAW 10199.WPO /) \
f OFFICE PGEB h d OGC M SC;Phk NAME JBirmingham:sw MPSiemien FAhelicz DATE 11/ 3/98 11/ n/98 11/ 9/98 OFFICIAL OFFICE COPY
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