ML20203J052
| ML20203J052 | |
| Person / Time | |
|---|---|
| Site: | 05000128 |
| Issue date: | 02/25/1998 |
| From: | Michaels T NRC (Affiliation Not Assigned) |
| To: | Okelly S TEXAS A&M UNIV., COLLEGE STATION, TX |
| References | |
| TAC-MA0794, TAC-MA794, NUDOCS 9803030408 | |
| Download: ML20203J052 (5) | |
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UNITED STATES g
, *j NUCLEAR REGULATORY COMMr$SION WASHINQ'oN, o.C. 30656 40 %
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February 25, 1998 Dr. Sean O' Kelly, Assistant Director Texas Engineering Experiment Statirm Texas A&M University System College Station, Texas 77843
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (PRODUCTION OF IODINE 125 AT THE TEXAS A&M UNIVERSITY NUCLEAR l
SCIENCE CENTER) (TAC NO, MA0794)
Dear Dr. O' Kelly:
1 By your letter dated February 8,1998, you submitted an affidavit executed by l
Dr. Warren D. Reece, dated February 10,1998, requesting that data contained 10 pages 2, 3, and 4 of a license amendment application submitted by letter dated Jenuary 26,1998, be withhold from public disclosure pursuant to 10 CFR 2.790.
The license amendment application requested a change to the Technical Specifications (TSs) and contained a
- Safety Evaluation for the Production of lodine 125 at the Texas A&M University Nuclear Science Center." The TS change deals with the allowable inventory of Xenon 125 in an individual experiment so that in case it is accidental!y released, the radiation levels will be within the 10 CFR Part 20 requirements for member, of the public.
Also, the license amendment included, in pages 2,3, and 4, a description of the process for making iodine 125 from Xeno.) 125 because you believed that these sections were necessary for the subsequent safety analysis involving a relecse of activated Xenon.
The January 20,1998, letter and enclosure requested that allinformation regarding this application be withheld from public disclosure. The February 8,1998, letter modified this request and asked that only pages 2,3, and 4 of the application be withheld from public disclosure.
The affidavit in your February 8,1998, letter stated that the information on pages 2,3, anti 4 should be considered exempt from mandstory public disclosure for the following reasons:
1.
The release of the specified information to the general public might compromise d
the competitive position of the sponsoring company and the Nuclear Science f
Center. The design development and construction has been funded ent;roly from A. -
an external f acility user. All parties consider the information to be a significant
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investment of time and money, it would be a great loss of investment and future income if another company, domestic or foreign, were to f abricate an identical apparatus in the current competitive environment.
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The design and operating details are maintained confidential at the facility. A l
limited number of personnel are involved in the equiprnent f abrication and process training. All, personnel directly involved in the project development and safety analysis have signed Confidentiality Agreements.
3.
An extensive literature search during an initial design phase found a number of diffeient techniques for the production of radiolodine. The Nuclear Science Cer'er staff e> tended these techniques and developed methods that willimprove the isotopic purity of the final product and facilitate recovery of the 1125. It is I
this information that is not available in public sources and is contained in the Safety Evaluation, j
We have reviewed Texas A&M's application and the materialin 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 I
inf tmation.
Therefore, pages 2,3, and 4 of the safety evaluation submitted on January 26,1998, will be considered proprietasy and 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 right, if any, of persons properly and direct y concerned to inspect the documents, if the need arises, we may send copies of l
this information to out consultants working in this area. We will, of course, ensure that the consultar;ts have signed the aporopriate agteements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the-future such tha' the information could then be made'available for public inspection, yco 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 empe of a Freedom of Information Act request includes your information. In all review situations,if the NHC makes a determination adverse to the above, you will be notified in advance of any public dicciosure.
Sincerely, JLLcxlLL Theodore S. Michaels. Senior Project Manager Non Power Reactors ard Decommissioning Project Directorate Division of Reactor Program Management-Office of Nuciear Reactor R sgulation Docket No. 128 cc: See next page
2 5
2.
The d: sign and operating details are maintained confid:nti:1 at the f acility. A limited number of personnel are involved in the equipment fabrication and process training. All personnel directly involved in the project development and safety analys;s have signed Confidentiality Agreements.
3.
An extensive literature search during an initial design phase found a number of different techniques for the production of radiolodine. The Nuclear Science I
Center staff extended these techniques and developed methods that willimprove the isotopic purity of the final product and f acilitate recovery of the 1125. It is this information that is not available in public sources and is contained in the Safety Ev^sation.
We have reviewed Texas A&M's application and the materialin accurdance with the requirements of 10 CFR 2.790, and on the basis of your stateroents, have determined that the submitted information sought to be withheld contains proprietary commercial information.
Therefore, prges 2,3, and 4 of the safety evaluaticn submitted on January 26,1998, will be considered proprietary and will be withheld from public disclosure pursbant to 10 CFR 2.790(b)(5) and Section 103(h) of the Atomic Energy Act of 1954, as amended.
Withholding from public inst.ection she:I 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 wo Hnq in this area. We will, of course, ensure that the consultants have signed the appropritic 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 publ:c 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 informa. ion, 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, ORIGINAL SIGNED BY:
Theodore S. Michaels, Senior Project Manager Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket No. 50-128 cc: See next page DISTRIBUTION:
E MAIL HARD COPY TDracoun Pisaac Docket File 50128 JRoe PDoyle TBurdick PUBLIC SWeiss CBassett WEresian EHylton Region IV SHolmes MMendonca TMichaels PDND r/f
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%/j]98 4 /J998 OFFICIAL RECORD COPY DOCUMENT NAME: G:\\SECY\\MICHAELS\\2790.WPD
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2.
Th] design and operating det:lls are maintained confid:ntial at the f acility. A limited number of personnel are involved in the equipment fabrication and 4
J process trainittg. All personnel directly involved in the project development and safoty analysis have signed Confidentiality Agreements.
3.
An extensive literature seaich during an initial design phase found a number of different techniques for the production of radiolodine. The Nuclear Science Center staff i;.vtended these techniques and developed methods that will improve the isotopic purity of the final product and facilitate recovery of the 1125. It is j
this information that is no: available in public Sou6ces and is contained in the Safety Evaluation.
~ We have reviewed Texas A&M's application and the materialin uccordance with the requirements of 10 CFR 2.790, and on the basis of your statements, have determ;ned that the submitted information sought to be withheld contains proprietary commercial information.
Therefore, pages 2,3, and 4 of the safety evaluation submitted on January 26,1998, will be considered proprietary and will be withheld from public disclosure pursuant to 10 CFR 2.790(b)i5) and Saction 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from pubib inspection shall not affect the right, if any, of persons properly and d
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, 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 pu' lic inspection, you o
should promptly notify the NRC. You also should understand that the NRC may have cause to review this determinatlon 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 advarse to the above. you will be notified in advance of any public disclosure.
Sincerely, ORIGINAL SIGNED BY:
Theodore S. Michaels, Senior Project Manager Non-Power Reactors and Decommissioning Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket No. 50128 cc: Seo next page DISTRIBUTION:
E;M AIL.
HARD COPY TDragoun Pisaac
-Docket File 50128 JRoe PDoyle TBurdick PUBLIC SWeiss CBassett
_ WEresian EHylton.
Region IV e
SHolmes MMendonca TMichaels PDND r/f PDND:P (t:A OGC PDND:(A)D A TMicht.e n
MP 'emien MMendonca tlW98 8Jlid/98 h/
8 4 /J998 OFFICIAL RECORD COPY DOCUMENT NAME: G:\\SECY\\M!CHAELS\\2790.WPD
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Texas A&M University Docket No. 50 59/128 i
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cc:-
4-Mayor, City of College Station P. O. Bon Drawer 9960 College Station, Texas 77840 3575 o
Governor's Budget and i
Planning Office I
P. O. Box 13561 1
Austin, Texas 78711 Eureau of Radit.:lon Control State of Texas 1100 West 49th Street Austin, Texas 78756 Dr. Warren D. Reece
' Director, Nuclear Science Center l
Texas Engineering Experiment Station Texas l
l A&M University System F. E. Box 89, M/S 3575 -
College Station, Texas 77843
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