ML20195B984
| ML20195B984 | |
| Person / Time | |
|---|---|
| Site: | 07001027 |
| Issue date: | 11/04/1998 |
| From: | Kane W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Neider T TRANSNUCLEAR, INC. |
| References | |
| TAC-L22562, NUDOCS 9811160340 | |
| Download: ML20195B984 (2) | |
Text
, - . , . . -. -
q z - J o z- 7 9
p*Mouq
,~ g *, UNITED STATES j
i g }
e NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 306e6 0001
- November 4, 1998 Ms. Tara J. Neider, Vice President - Engineering Transnuclear, Inc.
Four Skyline Drive Hawthome, New York 10532-2176 l
SUBJECT:
PUBLIC DISCLOSURE DETERMINATION (TAC NO. L22562) l
Dear Ms. Neider:
By letters dated June 30, August 5, August 28, and October 8,1998, Transnuclear, Inc. (TN) submitted proprietary reports and test procedures for the TN-68 Dry Storage Cask Safety Analysis Report. The submittals included affidavits executed by you on June 30, August 5, l August 28, and October 7,1998; for withholding proprietary information from public disclosure pursuant to 10 CFR 2.790. TN requested to withhold the following information:
- 1. Attachment to TN letter E-16328, Material Qualification Testing For Aluminurn/ Boron !
Carbide Metal Matrix Composite.
- 2. Attachments to TN letter E-16428; (a) University of Massachusetts Lowell Transnuclet Test Program dated 6/19/98 and associated test procedures TTP-1 through TTP-5, and (b) Report RR-1, Revision 1, dated 7/30/98.
- 3. Attachments to TN letter E-16480; (a) University of Massachusetts Lowell Report l TTR-1, Revision 0, dated 8/25/98, and (b) test procedure TTP-7 dated 7/8/98.
- 4. Attachments to TN letter E-16541; (a) University of Massachusetts Lowell Report MOR-1, Revision 1, dated 10/5/98, (b) University of Massachusetts Lowell Procedure TTP-6, Revision 2, dated 6/23/98, and (c) summary of TN's conclusions.
l The affidavits state that the information listed above should be withheld from public disclosure l for the following reasons:
1
- 1. The information reveals the distinguishing aspects of a cask system where prevention of l its use without license from TN constitutes a competitive economic advantage over other companies. t i O
- 2. The information consists of test reports, plans, and specifications relative to a component or material, the application of which secures a competitive economic or i technical advantage over other companies. q r
ni
- 3. Use of the information by a competitor would reduce his expenditure of resources or ,[
improve his competitive position in the design, manufacture, shipment, installation, N assurance of quality, or licensing of a similar product.
'* 'u 9811160340 981104
%d {'u 1:
l PDR ADOCK 07001027 1*lO h'id1 D'.?}-] 1a LM -
t C PM ,
l l
5 l -e.
i
' " T. N;id:r 2
- 4. The information should be held in confidence because it provides details of materials qualifications programs that were developed at significant expense. The information has substantial commercial value to TN in connection with competition with other vendors for contracts.
- 5. The subject information could only be duplicated by competitors if they were to invest time and effort equivalent to that invested by TN, provided they have the requisite talent and experience. -
- 6. Public disclosure of the information is likely to cause substantial harm to the competitive
- position of TN because it would simplify design testing and evaluation tasks without requiring a commensurate investment of time and effort.
On the basis of your submittal, our review of the above listed documents, and in light of the requirements of 10 CFR 2.790, we have determined that the above information should be withheld from public disclosure pursuant to 10 CFR 2.790. It is the policy of the Nuclear Regulatory Commission (NRC) to achieve an effective balance between legitimate concerns for protection of competitive positions and the right of the public to be fully apprised of the basis for and effects of licensing and rulemaking activities.
Withholding from public disclosure shall not affect the right, if any, of persons properly and l directly concerned to inspect the documents as provided for in 10 CFR 2.790(b)(6). If the need arises, we may send copies of the 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, at any time in the future, the basis provided in your submittal for withholding information from public disclosure should change such that the information could then be made available for public inspection, TN should promptly notify NRC. TN should also be aware that NRC may have cause to review this determination in the future, such as if the scope of a Freedom of Information Act request includes your information. In all review situations, if NRC makes a determination adverse to the above, TN will be notified in advance of any public disclosure.
Sincerely, ORIGINAL SIGNED BY Susan F. Shankman for /s/
William F. Kane, Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket No.: 72-1027 cc: Service List
! Distribution' Docket 72-1027 NRC File Center PUBLIC NMSS r/f SFPO r/f GEdison. NRR SFLS r/f FCSturz MKhaleel. PNNL FRinaldi, NRR NJensen. OGC 4 OFC SFPO C S C SFPO I,C SFPO SFP( W )q C Sk Q NAME MJR e dd V arpe MPSien e\ EJLe SFSh hh '
DATE 10/Jd /98 10/h/98 ik/ M 8 1h/ h/98 1h/ /98 1d/h/9 C = COVER E = COVER 8l ENCLOSURE N = ND COPY OFFICIAL RECORD COPY G:\TN-68\PIPROP.SUP 11/4/98:dd l