ML20197H957
| ML20197H957 | |
| Person / Time | |
|---|---|
| Issue date: | 12/10/1998 |
| From: | Joshua Wilson NRC (Affiliation Not Assigned) |
| To: | Kenny A ELECTRIC POWER RESEARCH INSTITUTE |
| References | |
| PROJECT-669 TAC-MA2390, NUDOCS 9812140218 | |
| Download: ML20197H957 (4) | |
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UNITED STATES j
j NUCLEAR REGULATORY COMMISSION g,..... /[
WASHINGTON, D.C. 20666-4001 o,
December 10,1998 Mr. Art Kenny Intellectual Property Attorney Intellectual Property Department Electric Power Research Institute P.O. Box 10412 Palo Alto, CA 94203-0813 SUBJECTr REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RETRAN-3D (TAC NO. MA2390) l
Dear Mr. Kenny:
in a letter and affidavit dated dated September 14,1998, you requested that the NRC staff withhold from ptilic disclosure the RETRAN-3D computer progrpm (Progrem).
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(A)
The Program has been held in confidence by EPRI, its owner. All those accepting the Program must agree to preserve the confidentiality of'the Program.
1 (B)
The Program is not available in public sources. EPRI developed the Program only after making a determination that the Program was not available from public sources. It required a large expenditure of dollars for EPRI to rievelop the Program. The money spent, plus the value of EPRI's staff time in preparing the Program, show that the Program is highly valuable to EPRI. Finally, the Program was developed only after a long period of effort of at least several months.
(C)
A public disclosure of the Program would cause substantial harm to EPRl's competitive
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position and the ability of EPRI to license the Program both domestically and g
internationally. The Program can be properly acquired or duplicated by others only with an equivalent investment of time and effort.
. We have reviewed your application and the materialin accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains propriett.ry commercialinformation. Therefore, the RETRAN-3D computer program 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 right, if any, of persons properly and directly concerned to inspect the computer prog ~ams. If the need arises, we may permit our
- consultants working in this area to use the computer program. We will, of course, insure that 9812140218 981210
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- 's A. Kenny December 10, 1998 Use of this computer program will be limited to NRC computers at NRC offices. We will not allow remote access to the computer program by our contractors. The designed recipient and custodian for this program is Ralph Caruso, Section Ch:ef, Reactcr Systems Branch, Office of Nuclear Reactor Regulation. He may be reached at (301) 415-1813.
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 inspection, you should promptly notify the NRC. You 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 yourinformation. In all review situations,if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
If you have any questions regarding this matter, I may be reached at (301) 415-1108 Sincerely, ith Jamasf H. Wilson, Senior Project Manager Gcade issues and Evironmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 669 cc: See next page
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' ll A. Kenny
-2 December 10, 1998 f
I Use of this computer program will be limited to NRC computers at NRC offices. We will not allow remote access to the computer program by our contractors. The designed recipient and i
custodian for this program is Ralph Caruso, Section Chief, Reactor Systems Branch, Office of Nuclear Reactor Regulation. He may be reached at (301) 415-1813.
If the basis for withholding this information from public inspection should change in the future
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such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this i
determination in the future, for example, if the scope of a Freedom of Information Act request includes yourinformation. In all review situations, if the NRC makes a determination adverse to i
the above, you will be notified in advance of any public disclosure.
l If you have any questions regarding this matter, I may be reached at (301) 415-1108 f
I Sincerely, l
Original Signed By:
i James H. Wilson, Senior Project Manager l
Generic issues and Evironmental Projects Branch i
Division of Reactor Program Management Office of Nuclear Reactor Regulation I
l Project No. 669 cc: See next page l
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'.s Project No. 669 Electric Power Research Institute Mr. Raymond C. Torok Project Manager, Nuclear Power Group Electric Power Research Institute Post Office Box 10412 Palo Alto, CA 94303 Mr. Gary L. Vine Senior Washington Representative Electric Power Research institute 2000 L Street, N.W., Suite 805 Washington, DC 20036 Mr. Bindi Chexal Electric Power Research Institute Post Office Box 10412 Palo Alto, CA 94303 l
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