ML20202F137
| ML20202F137 | |
| Person / Time | |
|---|---|
| Issue date: | 02/01/1999 |
| From: | Jankovich J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Beatty C THERATRONICS INTERNATIONAL, LTD. |
| References | |
| SSD, NUDOCS 9902030330 | |
| Download: ML20202F137 (2) | |
Text
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UNITED STATES j
NUCLEAR REGULATORY COMMISSION 4
WASHINGTON, D.C. 20556 4 001 i
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February 1, 1999 Mr. C. D. Beatty, Regulatory Affairs
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Theratronics international, Ltd.
j 413 March Road i
P.O. Box 13140 i
Kanata, Ontario, Canada K2K 287
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, THERATRON ELITE 80/100 THERAPY UNITS
Dear Mr. Beatty:
In letter of Theratrordes International, Ltd. (Theratronics) dated July 17,1998, Theratronics submitted an application for amendment of registration of the Model Nos. Theratron Elite 80 and Elite 100 therapy units. Theratronics delineated, in an affidavit dated November 9,1998, executed by Mr. Edward S. Martell, parts and drawings of the application which contained proprietary information.
Theratronics stated that the application referenced above should be considered exempt from
. mandatory public disclosure for the following reasons:
1.
-The documents delineated in the affidavit contain trade and commercial information that can be of benefit to competitors if made public. Theratronics has expanded significant time, effort, and money for the design, development and fabrication of these therspy units; and competitors could use the data contained in the application to enhance or improve their product line. Disclosure of such information would cause irreparable harm to Theratronics' ability to compete in the market place.
2.
Theratronics requires in all activities that the in!crmation be held in confidence and disclosure thereof for any use not authorized by Theratronics must be accompanied by a confidentiality agreement protecting the trade secrets contained therein.
3.
The information is not available in public sources.
We have reviewed Theratronics' application in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information.
Therefore, the parts and drawings in Theratronics' application, dated July 17,1998, which were delineated in your affidavit dated November 9,1998, 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.
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Mr. C. D. Beatty 2
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 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 Freedom of information Act request includes your information. In all review situations, if the NRC makes a detennination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, John P. Jankovich, Ph.D.
Materials Safety Branch Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Distribution:
SSSS r/f SSD-98-89 NE01 DOCUMENT NAME: H:\\S S D FILES \\LETTE R S\\N R687101.PR P To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure
- E' - Copy with attachment / enclosure
- N* = No copy OFFICE IMAB
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NAME JJankovich/ij rF/
MPSiemierah TJ DATE 1/dl/99
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1/D99 OFFICIAL RECORD COPY I
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