ML20205D113

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Grants Listed Requests That Topical Reports,Including Rev 3 to CEN-39(A),Rev 0 to CEN-323,Rev 0 to CEN-330 & Rev 3, Suppl 1 to CEN-39(A) Be Withheld from Public Disclosure,Per 10CFR2.790
ML20205D113
Person / Time
Issue date: 08/05/1986
From: Crutchfield D
Office of Nuclear Reactor Regulation
To: Scherer A
ABB COMBUSTION ENGINEERING NUCLEAR FUEL (FORMERLY
References
NUDOCS 8608150165
Download: ML20205D113 (3)


Text

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UNITED STATES

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August 5, 1986 Mr. A. E. Scherer, Director Nuclear Licensing Combustion Engineering, Inc.

1000 Prospect Hill Road Windsor, Connecticut 06095

Dear Mr. Scherer:

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your applications and affidavits dated February 10, 1986, April 7, 1986, and May 21, 1986, you submitted Combustion Engineering topical reports CEN-39(A), Revision 3,CEN-323, Revision 0,CEN-330, Revision 0,andCEN-39(A),

Revision 3, Supplement 1, and requested that they be withheld from public dis-closure pursuant to 10 CFR 2.790.

You stated that the submitted information should be considered exempt from man-datory public disclosure for the following reasons:

1.

The information has been held in confidence by Combustion Engineering.

2.

The information consists of test data or other similar data the appli-cation of which results in a competitive advantage to Combustion Engineering.

3.

The information is of a type customarily held in confidence by Combus-tion Engineering and not customarily disclosed to the public.

4.

The information is not available in public sources and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.

5.

Public disclosure of the information is likely to cause substantial harm to the competitive position of Combustion Engineering.

We have reviewed your application and the mcterial based on the requirements and criteria of 10 CFR 2.790 and, on the basis of your statements, have deter-mined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Sec-tien 102(b) of the Atomic Energy Act of 1954, as amended.

Withholding from the 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.

8608150165 860805 PDR TOPRP ENVC-E C

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. 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 should also understand that the NRC may have cause to review this determination in the future, such as, if the scope of a Freedom of Information Act request in-ciudes 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, Dennis M. Crutchfield, A istant Director Division of PWR Licensi

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If the basis for withholding this information from public inspection should change in the future such L..at the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, such as, if the scope of a Freedom of Information Act request in-cludes 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, Origimi signed W DennisM.CrutohfIPld Dennis M. Crutchfield, Assistant Director Division of PWR Licensing-B DISTRIBUTION,w g.

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