ML20195F469
| ML20195F469 | |
| Person / Time | |
|---|---|
| Issue date: | 11/16/1998 |
| From: | Birmingham J NRC (Affiliation Not Assigned) |
| To: | Coleman T FRAMATOME COGEMA FUELS (FORMERLY B&W FUEL CO.) |
| References | |
| PROJECT-693 NUDOCS 9811200003 | |
| Download: ML20195F469 (3) | |
Text
.o C CEo UNITED STATES NUCLEAR REGULATORY COMMISSION f
WASHINGTON, D.C. 20565-0001
\\ *****/
November 16, 1998 Mr. T. A. Coleman, Vice President Government Relations Framatome Cogema Fuels P.O. Box 10935 Lynchburg, VA 24506-0935
SUBJECT:
FRAMATOME COGEMA FUELS (FCF) REQUEST TO WITHHOLD PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Reference:
T. A. Coleman, FCF Government Relations, to Document Control Desk, Submittal of Topical Report BAW-10228P, " Science," February 5,1998.
Dear Mr. Coleman:
By the reference letter, FCF submitted nonproprietary Report BAW-10228, "SCIENOE", and proprietary Report BAW-10228P, "GCIENCE," and enclosed an affidavit requesting that the proprietary information in BAW-10228P be withheld from public disclosure. NRC reviewed BAW-10228P and determined that most of the information identified as proprietary should be withheld but that some of the information identified as proprietary should not be withheld. NRC discussed this determination with you and agreed to accept revised pages as replacements for the corresponding pages of the reports. By letter dated October 12,1998, you submitted the revised pages and an affidavit, dated October 12,1998, stating that certain information in the revised pages was considered proprietary by FCF and requesting that the identified information be withheld from public disclosure. The affidavit referenced:
e Exhibit A: Revised Pages for Topical Report BAW-10228P, " SCIENCE."
e Exhibit B: Statement that Exhibit A contains information considered proprietary by FCF in accordance with criteria b, c, d and e of the attached affidavit.
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 information reveals data or material concerning FCF research or development plans or programs of present or potential competitive advantage to FCF.
(b)
The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing or marketing a similar product.
! m" (c)
The information consists of test data or similar data conceming a process, method, D <7 component, the application of which results in a competitive advantage to FCF.
4 (d)
The information reveals special aspects of a process, method, component or the like,
-v the exclusive use of which results in a competitive advantage to FCF.
,My 9811200003 981116 PDR-TOPRP EMVBW C
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T. Coleman 2
November 16, 1998 We have reviewed BAW-10228P with the revised pages incorporated and in accordance with the requirements of 10 CFR 2.790 and, on the basis of statements by you, have determined that the submitted information sought to be withheld does contain proprietary commercial information.
Therefore, we have determined that BAW-10228P, 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 BAW-10228, the nonproprietary version of the report, 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 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 l
Freedom of Information Act request included your information. In all review situations, if the NRC needs additionalinformation from you or makes a determination adverse to the above, i
you will be notified in advance of public disclosure.
l If you have any questions regarding this matter please contact me by phone 301/415-2829 or l
E-mail jlb4@nrc. gov.
I l
Sincerely, (b
Joseph L. Birmingham, Project Manager Generic issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 693 i
l cc: Mr. M. Schoppman, Manager Framatome Technologies, Inc.
j 1700 Rockville Pike, Suite 525
]
Rockville, MD 20852 i
4
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e T. Col: man 2
November 16, 1998 We have reviewed BAW-10228P with the revised pages incorporated and in accordance with the requirements of 10 CFR 2.790 and, on the basis of statements by you, have determined that the submitted information sought to be withheld does contain proprietary commercial information.
Therefore, we have determined that BAW-10228P, which is marked as proprietary, wiil 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 BAW-10228, the nonproprietary version of the report, should be plzed in the NRC Public Document Room.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If +he 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 agreemer ts 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 E-mail jlb4@nrc. gov.
Sincerely, 1
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. M. Schoppman, Manager l
Framatome Technologies, Inc.
j
!700 Rockville Pike, Suite 525 Rockville, MD 20852 DISTRIBUTION:
EMail Hardcoov:
JBirmingham:
/PUBLIC entral Files FAkstulewicz MChatterton PGEB r/f TEssig OGC MPSiemein ACRS Document Name:g:\\BAW10228.WPD PGEB h d OGCn['
OFFICE SC:PGEB NAME JBirmingham MPSiemien F
DATE 11/f/98 11/3 i/98 11//(,/98