ML20209F015

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Responds to FOIA Request for Quarterly Repts of Transfers of Devices Distributed Under General Licenses for 1980 Through First Quarter 1986.Documents Withheld (Ref FOIA Exemption 4)
ML20209F015
Person / Time
Issue date: 09/09/1986
From: Grimsley D
NRC OFFICE OF ADMINISTRATION (ADM)
To: White K
AFFILIATION NOT ASSIGNED
References
FOIA-86-413 NUDOCS 8609120019
Download: ML20209F015 (2)


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j UNITED STATES NUCLEAR REGULATORY COMMISSION WASHING TON, D. C. 20665

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Mr. Kenneth T. White 1123 Canton Lane SEP 0 91986 IN RESPONSE REFER Franklin, TN 37064 TO F0lA-86-413

Dear Mr. White:

28, 1986, in which you requested, This pursuantis intoresponse to your the Freedom letter dated of Information Act May(F0IA) all quarterly reports of transfers of devices distributed under general licenses for 1980 through i the first quarter of 1986, i The NRC has determined that the requested information contained in reports filed by distributors pursuant to 10 CFR 32.52 is confidential business or financial (proprietary) information. The name and address of each general licensee listed on these reports represent a customer or a manufacturer. It is well established that customer lists are company proprietary information.

The names of the intended user or intermediate persons who possess this device, since their identities would also identify the manufacturer's customer, are also company proprietary information.

The type and model number of devices listed on these reports are labels designated by the manufacturer. To release this information contained in the manufacturer's quarterly reports could permit a competitor to learn the production capacity, market and financial strategy, and volume of business conducted by the manufacturer, all of which are well accepted as company proprietary information. Similarly, to disclose the quantity and type of material in a device would permit a competitor to learn the type and volume of business activities in which the manufacturer engages. This information is also of the type accepted as company proprietary information.

For the reasons sdt forth above, the requested quarterl reports are being withheld from public disclosure pursuant to Exemption (y) 4 of the F0IA (5 U.S.C. 552(b)(4)) and 10 CFR 9.5(a)(4) of the Comission's regulations.

We are consulting with the manufacturers to review their proprietary claims, and we will let you know as soon as possible if these reports, or any portions thereof, may be disclosed to the public.

Pursuant to 10 CFR 9.9 of the Commission's regulations, it has been determined that the infarriation withheld is exempt from production or disclosure, and that its production or disclosure is contrary to the public interest. The persons responsible for this denial are the undersigned and Mr. John G. Davis, Director, Office of Nuclear Material Safety and Safeguards.

8609120019 860'/09 PDR FOIA WHITE 06-413 PDR

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. .s Mr. Kenneth T. White This denial may be appealed to the NRC's Executive Director for Operations within 30 days from the receipt of this letter. As provided in 10 CFR 9.11, any such appeal must be in writing, addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."

Sincerely, M: nd Donnie H. Grimsley, Director Division of Rules and Records Office of Administration

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