ML20199H060
| ML20199H060 | |
| Person / Time | |
|---|---|
| Issue date: | 11/20/1997 |
| From: | Birmingham J NRC (Affiliation Not Assigned) |
| To: | Taylor J FRAMATOME |
| References | |
| PROJECT-693 NUDOCS 9711260007 | |
| Download: ML20199H060 (3) | |
Text
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i p-t umTED STATES
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NUCLEAR REGULATORY COMMISSION g
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November 20, 1997 Mr. J. H. Taylor, Manager Licensing Services Frematome Technologies Inc
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P.O. Box 10935 l
Lynchburg, VA 24506-0935
SUBJECT:
FRAMATOME TECHNOLOGIES iNC. (FTI) REQUEST TO WITHHOLD PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE i
Dear Mr. Tay or:
By letter dated September 30,1997, FTl submitted proprietary Report BAW 10227P,
- Evaluation of Advanced Cladding and Structural Material (MS) in PWR Reactor Fuel' and nonproprietary Report BAW 10227. Enclosed was an affidavit, dated September 30,1997, stating that certain information in Report BAW 1C227P was considered proprietary by FTl and requesting that the proprietary information should be withheld from public disclosure. The affidavit referenced:
F.hlbit A: FTl Topical Report BAW 10227P,.ivaluation of Advanced Cladding and e
tructural Material (MS) in PWR Reactor Fuel,' dated September 19g7.
Exhibit B: Statement that Exhibit A contains information considered proprietary by FTl in accordance with criteria b, c and d of the attached affidavit.
The affidavit stated that this information has been held in confidence by the B&WOG and should be considered exempt from mandatory public disclosure for the following reasons:
(a)
The informatlon reveals data or material concerning the FTl research or development plans or programs of present or potential competitive advantage to FTI.
(b)
'n he use of the information by a competitor would decrease their expenditures, in time or resources, in designing, producing or marketing a similar product.
(c)
The information consists of test data or similar data conceming a process, method,
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component, the application of which results in a competitive advantage to FTI.
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We have reviewed the submitted material in accordance with the requirements of 10 CFR 2.790 and, on the basis of statements by you, have determined that the submitted information sought to be withheld does contain proprietary commercial information.
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J. Taylor 2
Nwember 20, 1997 Therefore, we have determined that Exhibit A, which is marked as proprietary, will be withield from public disclosure pursuant to 10 CFR 2.7g0(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. We have also determined that Report BAW 10227, containing the nonproprietary information in Report BAW 10227P, should be placed in the NRC Public Document Room.
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.
If the basis for withholding this information from public disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the Nuclear Regulatory Commission. You should also understand that NRC may have cause to review this determination in the future if, for example, the scope of a Freedom of Information Act requer,t included yo.sr information. In all review situations, if the NRC needs additional informatien from you or makes a determination adverse to the above, you will be notified in advance of public disclose,e.
If you have any questions regarding this matter please contact me by phone 301/415-282g or emailjib4@nre gov.
Sin tely, l
l tauco n ic
~
oseph L.
ingham, Project Manap
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' Generic lasues and Environmental '
Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 693 cc: Mr. F. McPhatter, Manager Framatome Cogema Fuels 3315 Old Forest Road P.O. Box 10935 Lynchburg, VA 24506-0935
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J. Tay)or 2
November 20, 1997 Therefore, we have determined that Exhib:a A, which is marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.700(b)(5) and Section 103(b) of the Atomic Energy
' Act of 1954, as amended. We have also determined that Report BAW-10227, containing the nonproprietary information in Report BAW 10227P, should be placed in the NRC Public Document Room.
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.
If the basis for withholding this information from public disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the Nuclear Regulatory Commission. You should also understand that NRC may have cause to review this determination in the future if, for example, the scope of a Freedom of Information Act request included your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be rotified in advance of public disclosure.
If you have any questions regarding this matter please contact me by phone 301/415-2829 or email jlb4@nrc gov.
Sincerely, Frank Akstulev:icz/for Joseph L. Sirmingham, Project Manager Generic Issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 693 cc: Mr. F. McPhatter, Manager Framatome Cogema Fuels 3315 Old Forest Road P.O. Box 10935 Lynchburg, VA 24506-0935 DISTRIBUTION:
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< DOCUMENT NAME: G:\\JLB\\10227P,WPD To receive a copy of this document, indicate in the bojt:
"C" = Copy without enclosures "E"
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' Copy with enclosures "N" = No copy
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