ML20202J827

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Responds to 970822 Application & Affidavit Submitting Design Change to Model 337 Radiography Source Assembly & Request to Withhold Info from Public Disclosure Pursuant to 10CFR2.790.Based on Review,Info Will Be Marked Proprietary
ML20202J827
Person / Time
Issue date: 12/04/1997
From: Steven Baggett
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Gregoire M
CANADA
References
SSD, NUDOCS 9712110253
Download: ML20202J827 (2)


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4 UNITED STATES NUCLEAR REGULATORY COMMISSION 4

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  • +9.....,o December 4, 1997 Mr. Marc Gregoire Package and Facility Engineering MDS Nordion l

447 March Road i

Kanata, Ontario Canada K2K 1X8

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, DESIGN CHANGE TO MDS NORDION INC. C-377 RADIOGRAPHY SOURCE Mr. Gregoire:

By MDS Nordion Inc.'s (Nordion's) application and your affidavit, both dated August 22,1997 (CAW 96-1007), Nordion submitted a design change to the Model No. 337 radiography source assembly. The original design has been approved by NRC under Registration Ce.tificate No.

NR-0220-S-111-S. In the application Nordion has requested that Drawing No. G140301-021, Rev. B be withheld from public disclosure pursuant to 10 CFR 2.790.

Nordion stated that Drawing No. G140301-021, Rev B should be considered exempt from mandatory public disclosure for the following reasons:

1.

The disclosure of the information contained in the drawing would cause irreparable harm to Nordion. In particular the drawing cor,tains information, developed by Nordion with Nordion's resources regarding materials, heat treatments and validation tests of the source assembly.

2.

The information is nai available in public sources.

The NRC had determined in letter to you dated July 26,1996, that the corresponding earlier version of this drawing (No. A16829, Rev H) contained trade secrets and proprietary commercialinformation.

We have similarly reviewed Nordion's's apolication and the material 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 version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.79C(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

9712110253 971204 PDR RC

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M. Gregoire 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 determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely OnginalSignedBy:

StevenLBaggett L

Steven L. Baggett, Section Chief Sealed Source Safety Section Medical, Academic, and Commercial Use Safety Branch t

Division of industrial and I

Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Distribution; g

SSSS r/f SSD-97-58 NE01 SSD File # NR-220-S-111-S DOCUMENT NAME: P:\\SSSS\\SSSS.NOR Ta receive a copy of this document, bdicate in the boz:

"C' = Copy w.thout attachtnent/ enclosure "E" = Copy with attachment / enclosure "N" = No copy OFFICE IMAB l

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NAME JJankovich/jj" MPSiemien*

SBaggett DATE 12/ 1 /97 12/2 /97 12///97 OFFICIAL RECORD COPY

  • See previous concurrance