ML20198G125
| ML20198G125 | |
| Person / Time | |
|---|---|
| Issue date: | 12/17/1998 |
| From: | Essig T NRC (Affiliation Not Assigned) |
| To: | Mallay J SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER |
| References | |
| PROJECT-702 NUDOCS 9812280298 | |
| Download: ML20198G125 (3) | |
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UNITED STATES g
,g NUCLEAR REGULATORY COMMISSION 4"
WASHINGTON, D.C. 20555 0001
,o December 17, 1998 Mr. James F. Mallay i
Director, Regulatory Affairs Siemens Power Corporation 2101 Horn Rapids Road, PO Box 130 Richland, WA 99352-0130
Dear Mr. Mallay:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE SIEMENS POWER CORPORATION'S LETTER REQUESTING FOR CCNCURRENCE WITH SPC'S UNDERSTANDING OF THE APPLICATION OF TOPICAL REPORT "ANFB CRITICAL POWER CORRELATION DETERMINATION OF ATRIUM-9B ADDITIVE CONSTANT UNCERTAINTIES,"
ANF-1125(P), SUPPLEMENT 1, REVISION 0, APPENDIX E, DATED NOVEMBER 18,1998 By your application and affidavit dated November 18,1998, Siemens Power Corperation (SPC) submitted a letter requesting NRC concurrence with SPC's understanding of the application of topical report "ANFB Critical Power Correlation Determination of Atrium-9B Additive Constant Uncertainties," ANF-1125(P), Supplement 1, Revision 0, Appendix E, and retiuested that certain identified data in the proprietary version be withheld from public disclosure pursuant to 10 CFR 2.790. The proprietary information in the proprietary version was deleted by you in the non-proprietary version.
In the affidavit, you stated that the submitted information should be considered exempted from mandatory public disclosure because: (1) the document contains information which is vital to a competitive advantage of SPC and should be helpful to competitors of SPC when compe' with SPC; (2) the information contained in the Document is considered to be proprietar) 3PC because it reveals certain distinguishing aspects of SPC licensing methodology which suure competitive advantage to SPC for fuel design optimization and marketability, and includes information utilized by SPC in its business which affords SPC an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information contained in the Document; (3) the disclosure of the proprietary information contained in the l
Nument to E. 9mpetitor would permit the competitor to reduce its expenditure of money and manpower and to improve its competitive position by giving it valuable insights into SPC licensing methodology and would result in substantial harm to the competitive position of SPC.
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l We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and on the basis of SPC's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
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Mr. J. Mallay
-2 December 17, 1998 l
l Therefore, we have determined that the letter entitled 'reque. sting for NRC concurrence with SPC's understanding of the application of topical report "ANFB Critical Power Correlation Determination of Atrium-98 Additive Constant Uncertainties," ANF-1125(P), Supplement 1, Revision 0, Appendix E", 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 document. 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 the information from public inspection should change in the future such that the information could then be made available for public inspection, you should l
. promptly notify the NRC. You should understand that the NRC may have cause to review this l
determination in the future, for example, if the scope of a Freedom of Information Act request includes your information or makes a determination adverse to the above, you will be notified in j
advance of any public disclosure.
Sincerely, pT j
Thomas H. Essig, Acti Chief i
Generic issues and Environmental Projects Branch i
Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 702 l
l i
1 9
Mr. J. Mallay
-2 December 17, 1998 Therefore, we have determined that the letter entitled " requesting for NRC concurrence with SPC's understanding of the application of topical report "ANFB Critical Power Correlation Determination of Atrium-9B Additive Constant Uncertainties," ANF-1125(P), Suppiament 1, Revision 0, Appendix E", marked as proprietary will be withheld from public disciosure 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 document. 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 the 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 should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Informatinn Act request includes your information or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely,
/5 /
Thomas H. Essig, Acting Chief Generic Issues and Environaiental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 702 cc: See next page Distribution:
Central File, PUBLIC PGEB R/F JRoe MChatterton TEssig FAkstulewicz MPSiemien, OGC EWang Document name: ANFB-10.LTR OFC PGE d 3 SC:M OGC(Nk C:Sh
/CoInk NAME EWang w FA[stulewicz MPSiemien 1 DATE 11/24/98 (I1/ l /98 1h f/98 11/11 /98 OFFICIAL RECORD COPY f