ML20205G880
| ML20205G880 | |
| Person / Time | |
|---|---|
| Issue date: | 03/31/1999 |
| From: | Carpenter C NRC (Affiliation Not Assigned) |
| To: | Mallay J SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER |
| References | |
| PROJECT-702 NUDOCS 9904070405 | |
| Download: ML20205G880 (3) | |
Text
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UNITED STATES ye g
g NUCLEAR REGULATORY COMMISSION A'
WASHINGTON, D.C. 20565 4001 March 31, '999 Mr. James F. Mallay i
Director, Regulatory Affairs Siemens Power Corporation 2101 Horn Rapids Road Richland, WA 99352-0130
Dear Mr. Mallay:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE SIEMENS POWER CORPORATION'S (SPC'S) LETTER REQUESTING NRC l
l REVIEW SPC'S TOPICAL REPORT " STATISTICAL SETPOINT/ TRANSIENT METHODOLOGY FOR WESTINGHOUSE TYPE REACTORS," EMF-92-081, REVISION 1, DATED DECEMBER,1998 1
By your application, dated December 21,1998, and affidavit dated December 22,1998, Siemens Power Corporation (SPC) submitted a letter requesting NRC review and concurrence with SPC's topical report " Statistical Setpoint/ Transient Methodology for Westinghouse Type Reactors," EMF-92-081, Revision 1, and requested that certain identified data in the proprietary version be withheld from public disclosure pursuant to 10 CFR 2.790. A non-proprietary version was submitted for placement in the Public Document Room.
In the affidavit, you stated that the submitted information should be considered exempted from mandatory public disclosure because: (1) the document contains information which is vital to a competitive advantage of SPC and should be helpful to competitors of SPC when competing with SPC; (2) the information contained in the document is considered to be proprietary by SPC I
because it reveals certain distinguishing aspects of SPC licensing methodology which secure g
competitive advantage to SPC for fuel design optimization and marketability, and includes informati'on utilized by SPC in its business which affords SPC an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information h contained in the document; (3) the disclosure of the proprietary information contained in the document to a competitor would permit the competiter to reduce its expenditure of money and manpower and to improve its competitive position by giving it valuable insights into SPC licensing methodology and would result in substantial harm to the competitive position of SPC.
We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and on the basis of SPC's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
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Mr. J. Mallay March 31, 1999 Therefore, we have determined that the, topical report " Statistical Setpoint/ Transient Methodolocy for Westinghouse Type Reactors," EMF-92-081, Revision 1, 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.
1 Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document. 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 the 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 understand that the NRC rnay have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, 0/
/
m 6Wim ynthia A. C penter, Chief Generic issues and Enviro ntal Projects Branch Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Project No. 702 l
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Mr. J. Mallay -
March 31,1999 i
.Therefore, we have determined that the, topical report " Statistical Setpoint/ Transient Methodology for Westinghouse Type Reactors," EMF-92-081, Revision 1, 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.
1 Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document. 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 -
l consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding the 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 understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freadom of information Act request includes your information or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, Frank Akstulewicz for/
Cynthia A. Carpenter, Chief Generic Issues and Environmental i
Projects Branch Division of Regulatory improvement Programs Office of Nuclear Reactor Regulation Project No. 702 cc: See next page Distribution:
pCentral File PUBLIC PGEB R/F i
DMtthews JWermiel CCarpenter j
FAkstulewicz MPSiemien, OGC EWang l
Document name: Stat-set.W j
- See previous concurrence OGOh CiSRXB l
OFC PGEB SC:PGEB -
t NAME EWang:sw* FMtb MPSiem e TCollins*
DATE 01/20/99 3 /N/99 -
ih9 01/26 /99 OFFICIAL RECORD COPY
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