ML20202E319
| ML20202E319 | |
| Person / Time | |
|---|---|
| Issue date: | 11/26/1997 |
| From: | Birmingham J NRC (Affiliation Not Assigned) |
| To: | Taylor J FRAMATOME COGEMA FUELS (FORMERLY B&W FUEL CO.) |
| References | |
| PROJECT-693 NUDOCS 9712050317 | |
| Download: ML20202E319 (3) | |
Text
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UNITED STATES 4
g, NUCLE / N REGULATORY COMMISSION y
WASHINGTON, D.C. acuH001 November 26, 1997 Mr. J. H. Taylor, Manager Licensing Services Framatome Technologies Inc P.O. Bcx 10935 Lynchburg, VA 24506-0935
SUBJECT:
FRAMATOME TECHNOLOGIES INC. (FTI) REQUEST TO WITHHOLD PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Dear Mr. Taylor:
By letter dated September 30,1997, FTl submitted proprietary Report BAW-10133P, Rev.1, Addendum 1,' Mark C Fuel Assembly LOCA Seismic Analyses." FTllater submitted nonproprietary Report BAW-10133, Rev.1 Addendum 1, in a letter dated October 30.1997.
Enclosed in the September 30 letter was an affidavit, also dated September 30,1997, stating that certain information in Report BAW 10133P, Rev.1, Addendum 1, was considered proprietary by FTl and requesting that the proprietary information should be withheld from public dise!osure. The affidavh referenced:
Exhibit A: FTl Topical Report BAW 10133P, Rev.1, Addendum 1, ' Mark C Fuel Assembly LOCA Seismic Analyses.'
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 confidenes by the B&WOG and should be considered exempt from mandatory public disclosure for the following reasons:
(a)
The information reveals data or material conceming the FTl research or development plans or programs of present or potential competitive advantage to FTI.
(b)
The use of the information by a competitor would decrease their expendnures, in time or resources, in designing, producing or marketing a similar product.
(c)
The information consists of test data or similar data concoming a process, method, component, the application of which results in a competitive advantage to FTI.
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 commercialinformation.
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J. Taylor 2
November 26, 1997 Therefore, we have determined that Exhibit A, which is 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. We have also determired that nonproprietary Report BAW 10133, Rev 1, Addendum 1, should be placed in the NRC Public Document Room.
Withholding from public inspection shall not affect thrs 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 appropria'e 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 inforr mtion. In all review situations, if the NRC needs additionalinformation from you or makes a determination adverse to the above, you will be notified in advance of public disclosure.
If you have any questions regarding this matter please contact me by phone 301/415-2829 or email jib 4@nrc. gov.
r Sincerely, f [m h
Joseph L. Birmingham, 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 i
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November 26, 1997
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1 Taylor.
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I Therefore, we have determined that Exhibit A, which is marked as proprietary, will be v.ithheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. We have also determined that nonproprietary Report BAW 10133, j
4 Rev 1, Addendum 1, 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 concemed 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, onsure that the consultants have signed the appropriate agreements for handling proprietary information.
if the basis for withholdang this informatior 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 inforniation. In all review situations, if the NRC needs additional informations from you or makes a determination adverse to the above, you will be notified in advance of public disclosure.
4 If you have any quastions regarding this matter please contact me by phone 301/415 2829 or emailjlb4@nrc gov,
+
Sincerely, f
Original Signed By:
Joseph L. Birmingham, Project Manager Generic Issuas and Environmental Projects Branch -
Division of Reactor Program Manager Office of Nuclear Reactor Regulation j
, 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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