ML20198K881

Informs That 981120 Affidavit of Jr Edwards & Listed Investment Statement of Account,Marked Proprietary Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of Aea,As Amended

ML20198K881
Person / Time
Site:	General Atomics
Issue date:	12/21/1998
From:	Alexander Adams NRC (Affiliation Not Assigned)
To:	Asmussen K GENERAL ATOMICS (FORMERLY GA TECHNOLOGIES, INC./GENER
References
TAC-M98498, TAC-M98499, NUDOCS 9812310194
Download: ML20198K881 (4)

Text

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g - il UNITED STATES g

j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066 0001 g

December 21, 1998 M

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Dr. Keith E. Asmussen Director, Licensing, Safety and Nuclear Compliance General Atomics

.P.O. Box 85608 San Diego, CA 92186-9784

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -

GENERAL ATOMICS (TAC NOS. M98498 AND M98499)

Dear Dr. Asmussen:

1 By letter dated November 20,1998, you submitted the November 20,1998, affidavit of James R. Edwards, Vice President and General Counsel General Atomics (GA), along with the (1) Sanwa Trust & Investment Statement of Account - Permanent, (2) Sanwa Trust &

Investment Statement of Account - Current, and (3) Sanwa Trust & Investment Letter to GA dated November 2,1998. You also provided copies of the above three documents with proprietary information removed for placement in the NRC Public Document Room. it was requested that the numbered documents above be withheld from public disclosure pursuant to 10 CFR l2.790.

The November 20,1998, affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1. The information sought to be withheld from public disclosure is owned and has been held in confidence by GA.

2. The information constitutes confidential financial information of a privately-held corporation and is of a type customarily held in confidenc,3 by GA.

3. The information is not available in public sources.

4. Public disclosure of the information would cause substantial harm to GA by providing detailed financial information to its competitors and other parties whose i interest may be adverse to GA. l I

We have reviewed the affidavit and the material in accordance with the requirements and j criteria of 10 CFR 2.790 and, on the basis of GA's statement, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information, i

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2 ' December 21, 1998 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 rights, 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, GA should promptly notify the NRC. GA 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, GA 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 Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Program Management i Office of Nuclear Reactor Regulation i Docket Nos. 50-89  !

and 50-163 cc: See next page l

DISTRIBUTION:  !

E-MAIL HARD COPY  !

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l 2 i 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 l 1954, as amended.

Withholding from public inspection shall not affect the rights, 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, GA should promptly notify the NRC. GA 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, GA 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, I ,

AlexanrJer Adams, Jr. Se r Project Man::ger l I

Non Power Reactors a ecommissioning Project Directorate Division of Reactor Program Management l Office of Nuclear Reactor Regulation Docket Nos. 50-89  ;

and 50-163

- cc: See next page l

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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 Mr. B. M. Murray Vallecitos Nuclear Center

General Electric Company 6705 Vallecitos Road Sunol, California 94586 D

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