ML20198H269

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Advises That Info Contained in Re Registration of Model 337A Radiography Source Assembly,Marked Proprietary, Will Be Withheld Pursuant to 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954,as Amended
ML20198H269
Person / Time
Site:
(NR-220-D-112-S, NR-220-S-112-S, SSD-98-70)
Issue date: 12/22/1998
From: Raddatz C
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Mcgregor R
NORDION INTERNATIONAL, INC.
References
SSD, NUDOCS 9812290293
Download: ML20198H269 (2)


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UNITED STATES I

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NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 2055t4001 o,

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i December 22, 1998 Mr. Ronald W. McGregor W[

MDS Nordion, Inc.

447 March Road i

Kanata, Ontario, Canada K2K 1X8

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, MDS NORDION INC. C-377A RADIOGRAPHY SOURCE

Dear Mr. McGregor:

By MDS Nordion Inc.'s (Nordion's) application dated June 4,1998, Nordion submitted an application for registration of the Model No. 337A radiography source assembly. Nordion provided additional information in letter dated December 4,1998, and stated in affidavit dated December 14,1998, that the letter contained marketing and sales proprietary information.

l Nordion stated that the letter referenced above should be considered exempt from mandatory public disclosure for the following reasons:

1.

The disclosure of the information contained in the letter would cause irreparable harm to Nordion. In particular, the letter contains marketing and sales volumes relating to the quantities of sealed sources shipped in markets outside the U.S. since the time Nordion has developed the C-337A design.

2.

Disclosure of such information would also cause irreparable harm to Nordion's ability to compete in the market place.

3.

The information is not available in public sources.

3 a

We have reviewed Nordion's December 4,1998, letter in accordance with the requirernents of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted l

information sought to be withheld contains proprietary commercial information.

l Therefore, Nordion's letter, dated December 4,1998, will be withheld from public disclosure l

pursus" to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as i

ament a.

L 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.

9812290293 981222 i

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w Mr. R. W. McGregor 2

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 Freedora of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, N

Charleen T. Raddatz, Deputy Branch Chief Materials Safety Branch Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Distribution:

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l To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with l

attachment / enclosure "N" - No copy l

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