ML20206B652

Advises That Version of & Affidavit Re GE14 Amend 22 Compliance rept,NEDC-32868P,Rev 0, GE14 Compliance with Amend 22 of NEDC-24011-P-A(GESTARII), Will Be Withheld from Public Disclosure,Pre 10CFR2.790

ML20206B652
Person / Time
Issue date:	04/26/1999
From:	Marlone Davis NRC (Affiliation Not Assigned)
To:	Watford G GENERAL ELECTRIC CO.
References
NUDOCS 9904300021
Download: ML20206B652 (4)

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April 26, 1999 Mr. Glen A. Watford, Manager Nuclear Fuel Engineering General Electric Company P.O. Box 780 Wilmington, NC 28402

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SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, GE14 AMENDMENT 22 COMPLIANCE REPORT, NEDC-32868P, REV 0,"GE14 COMPLIANCE WITH AMENDMENT 22 OF NEDE-24011-P-A (GESTAR ll),"

DECEMBER 1998 By your letter dated December 11,1998 and affidavit dated December 15,1998, you submitted the subject fuel licensing qualification report, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

You stated that the submitted information contains details of GE's fuel designs, technology, l

data, engineering computer programs and analysis application methodologies, which GE has developed, and should be considered exempt from mandatory public disclosure for the following reasons:

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(a)

The information discloses process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electric's competitors 7))

without license from General Electric constitutes a competitive economic advantage over other companies.

(b)

Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

i We have reviewed your letter 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 trade secrets or proprietary commercialinformation. 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 Section 103(b) of the Atomic Energy Act of 1954, as amended.

79 031 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.

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1 G. Watford April 26, 1999 If the basis for viithholding 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, for example, if the scope of a Freedom of Information Act request included your information. In all review situations, if the NRC need additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely,

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Michael J. Davis /, Project Manager Generic issues, Environmental, Financial, and Rulemaking Branch Division of Regulatory improvement Programs Office of Nuclear Reactor Regulation s

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' G. Watford - April 26, 1999

- If the basis for withholding this information from public inspection should change in the future such that the information could than 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, for example, if the scope of a Freedom of Information Act request included your information. In all review situations, if the NRC need additional information from you' or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, Original Signed By:

Michael J. Davis, Project Manager Generic issues, Environmental, Financial, and Rulemaking Branch Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION:

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cc:

' Joseph F. Quirk, Manager Industry Programs GE Nuclear Energy 175 Curtner Avenue San Jose, CA 95125 George B. Stramback Regulatory Services Project Manager GE Nuclear Energy 175 Curtner Avenue San Jose,'CA 95125 James F. Klapproth, Manager Engineering & Technology GE Nuclear Energy 175 Curtner Avenue San Jose, CA 95125 Charles M. Vaughan, Manager Facility Licensing GE Nuclear Energy P.O. Box 780 Wilmington, NC 28402 Glenn A. Watford, Manager Nuclear Fuel Engineering GE Nuclear Energy P.O. Box 780 Wilmington, NC 28402 1

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