ML20196F537

Informs That from General Atomics Technologies Corp Will Be Withheld from Public Disclosure,Pursuant to 10CFR2.790(b)(5) & Section 103(b) of Atomic Energy Act of 1954,as Amended

ML20196F537
Person / Time
Site:	General Atomics
Issue date:	12/01/1998
From:	Alexander Adams NRC (Affiliation Not Assigned)
To:	Asmussen K GENERAL ATOMICS (FORMERLY GA TECHNOLOGIES, INC./GENER
References
NUDOCS 9812070064
Download: ML20196F537 (5)

Text

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• December 1, 1998 Dr. Keith E. Asmussen Director, Licensing, Safety

! and Nuclear Compliance l General Atomics P.O. Box 85608 San Diego, CA 92186-9784

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE - .

GENERAL ATOMICS Lear Dr. Asmussen:

By letter dated April 28,1998, you submitted the April 28,1998, affidavit of John E.

Jones, Secretary and Treasurer of General Atomics Technologies Corporation (GATC),

along with an enclosed letter from GATC dated April 27,1998, which is a parent company ]

guarantee of financial assurance for decommissioning activities. It was requested that the GATC letter of April 27,1998, be withheld from public disclosure pursuant to 10 CFR 2.790. By letter dated September 14,1998, in order for the staff to review your submittal, we requested that a nonproprietary version of the parent company guarantee letter be submitted to NRC for release to the NRC Public Document Room. Your letter of November 5,1998, submitted a nonproprietary version of the letter for release to the Public Document Room and bracketed version of the propriety version of the letter.

The April 28,1998, affidavit stated that the submitted information should be considered exempt from mandatory rublic disclosure for the following reasons: I I

1. The information sought to be withheld from public disclosure is owned and has been '

held in confidence by GATC.

2. The information constitutes confidential financial information of a privately-held corporation and is of a type customarily held in confidence by GATC.

3. The information is not available in public sources.

4. Public disclosu:s of the information would cause substantial harm to GATC by providing detaile.d financial information to its competitors and other parties whose interest may be adverse to GATC.

We have reviewed the affidavit and the materialin accordance with the requirements and l criteria of 10 CFR 2.790 and, on the basis of GATC's statement, have determined that the

! submitted information sought to be withheld contains trade secrets or proprietary i commercial information. fj g 9812070064 98120f

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2 Therefore, the submitted information 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.

Withholding from public inspection shall not affect the nghts, 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 inspection should change in the future such that the information could then be made available for public information, General Atomics should promptly notify the NRC. General Atomics 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 this information. In all review situations, if the NRC makes a determination adverse to the above, General Atomics will be notified in advance of any public disclosure.

l If you have any questions regarding this matter, I may be reached at 301-415-1127.

r Sincerely, l

, Alexander Adams, Jr., Senior ject Manager Non-Power Reactors and Decommissioning  ;

Project Directorate I Division of Reactor Program Management  !

Office of Nuclear Reactor Regulation l Docket Nos. 50-89 and 50-163  ;

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Therefore, the submitted information 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, t Withholding from public inspection shall not affect the rights, if any, of persons properly and directly concerned to inspect the cocuments. 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 j information. i If the basis for withholding this information from public inspection should change in the I future such that the information could then be made available for public information, General Atomics should promptly notify the NRC. General Atomics 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 this information. In all review situations, if the NRC makes a determination adverse to the above, General Atomics will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1127.

Sincerely, ORIGINAL SIGNED BY:

l Alexander Adams, Jr., Senior Project Manager Non-Power Reactors and Decommissioning l Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket Nos. 50 89 l

and 50-163 l

l cc: See next page l DISTRIBUTION:

E-MAIL HARD COPY l

PDoyle TBurdick Docket File 50-89 JRoe TDragoun MMendonca Docket File 50-163 AAdams TMichaels SWeiss CGaskin, NMSS EHylton SHolmes Pisaac DMatthews PDND r/f WEresian CBassett MSiemien (OGC) PUBLIC I 4

PDND- PDpdA OGCh P :D AA E Fion MSierdien SWeiss it /2>/98 f/ ///98 S $/98 p/ l/98

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I 1 a i

2 Therefore, the submitted information 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 j 1954, as amended.

Withholding from public inspection shall not affect the rights, if any, of persons properly l and directly concerned to inspect the documents if the need arises, we may send copies j 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 inspection should change in the future such that the information could then be made available for public information, General Atomics should promptly notify the NRC. General Atomics 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 this information. In all review situations, if the NRC makes a determination adverse to the above, General Atomics will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1127.

Sincerely, ORIGINAL SIGNED BY:

Alexander Adams, Jr., Senior Project Manager l Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket Nos. 50-89 and 50-163 cc: See next page DISTRIBUTION:

E-MAIL HARD COPY PDoyle TRurdick Docket File 50-89 JRoe TDragoun MMendonca Docket File 50-163 AAdams TMichaels SWeiss CGaskin, NMSS EHylton SHolmes Pisaac DMatthews PDND r/f WEresian CBassett MSiemien (OGC) PUBLIC PDND- OGC P hD:D AA PDp'n Epf M Sip ien SWeiss O /t>/98 // /N/98 x\ 1h98 p./ }/98

General Atomics Docket Nos. 50-89/163 cc:

Mr. Steve Hsu Radiologic Health Branch State Department of Health Service P.O. Box 942732 Sacramento, California 94234-7320 l

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