ML20205H062
| ML20205H062 | |
| 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 9904080044 | |
| Download: ML20205H062 (3) | |
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NUCLEAR REGULATORY COMMISSION
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March 31, 1999 Mr. James F. Mallay 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 REVIEW AND CONCURRENCE WITH SPC'S TOPICAL REPORT
" METHODOLOGY FOR BOILING WATER REACTORS: EVALUATION AND VALIDATION OF CASMO-4/MICROBURN-B2," EMF-2158, REVISION 0, DATED DECEMBER 30,1998 By your application dated December 30,1998 and affidavit dated December 29,1998, Siemens Power Corporation (SPC) submitted a letter requesting NRC review and concurrence with SPC's topical report " Methodology For Boiling Water Reactors: Evaluation and Validation of 4
CASMO-4/MICROBURN-B2," EMF-2158, Revision 0, 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 j
competitive advantage of SPC and should be helpful to competitors of SPC when competing with SPC; (2) the inforrution contained in the document is considered to be proprietary by SPC because it reveals certar fistinguishing aspects of SPC licensing methodology which secure competitive advantage to SPC for fuel design optimization and marketability, and includes h
information 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 contained in the document; (3) the disclosure of the proprietary information contained in the document to a competitor would permit the competitor 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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4 Mr. J. Mallay March 31, 1999 Therefore, we have determined that the, topical report " Methodology For Boiling Water -
Reactors: Evaluation and Validation of CASMO-4/MICROBURN-82," EMF-2158, Revision 0, 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.
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 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 or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, 1 D /)
6Wkao ynthia A.
arpenter, Chie -
Generic issues and Environ nt Projects Branch Division of Regulatory improvement Programs Office of Nuclear Reactor Regulation Project No. 702 i
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Mr. J. Mallay March 31, 1999 Therefore, we have determined that the, topical report " Methodology For Boiling Water Reactors: Evaluation and Validation of CASMO-4/MICROBURN-B2," EMF-2158, Revision 0, marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5)
I' 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 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 1
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 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, Frank Akstulewicz for/
Cynthia A. Carpenter, Chief Generic issues and Environmental Projects Branch Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Project No. 702 cc: See next page Distribution:
dentral File PUBLIC PGEB R/F DMatthews JWermiel CCarpenter FAkstulewicz MPSiemien, OGC EWang Document name: CASMO-4B i
- See previous concurrence OFC PGEB SC:PGEB OGQ C:SRXB NAME EWang:sw* FAblbz MPhnff TCollins*
DATE 01/20/99 3/)l/99
$/b99 01/26 /99 OFFICIAL RECORD COPY j