ML20210F156
| ML20210F156 | |
| Person / Time | |
|---|---|
| Issue date: | 07/20/1999 |
| From: | Sullivan E NRC (Affiliation Not Assigned) |
| To: | Kenny A ELECTRIC POWER RESEARCH INSTITUTE |
| References | |
| NUDOCS 9907290174 | |
| Download: ML20210F156 (1) | |
Text
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UNITED STATES 4
j NUCLEAR REZULATORY CSMMISSION 4
WASHINGTON, D.C. 20056 4 001
- ,o July 20 1999 I
Arthur Kenny, Esq.
Licensing Administrator Offica cf Business Development Electric Power Research Institute 3412 Hillview Avenue PO Box 10412 Palo Alto, CA 94303
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR EPRI REPORT TR 107620 R1
Dear Mr. Kenny:
By letter dated May 4,1999, Electric Power Research Institute (EPRI) submittod EPRI TR 107620 R1," Steam Generator in Situ Pressure Test Guidelines: Revision 1," April 1999 in support of the staff's review of Nuclear Energy Institute (NEI) 97-06, " Steam Generator Program Guidelines." The document was sent to the NRC in fulfillment of a commitment made by NEl. By separate letter dated May 4,1999, EPRI requested that EPRI TR-107620-R1 be withheld from public disclosure pursuant to 10 CFR 2.790 in accordance with the affidavit dated May 4,1999.
You stated that the information contained in EPRI TR-107620-R1 should be considered exempt from mandatory public disclosure for the following reasons:
(iv)
The information is not available in public sources. EPRI developed the information only after making a determination that the information was not available from public sources.
It required a large expenditure r>f dollars for EPRI to develop the information. In addition, EPRI was required to use a large amount of time of EPRI employees. The money spent, plus the value of EPRI's staff time in preparing the information, chow that the information is highly valuable to EPRI. Finally, the information was developed only after a long period of effort of at least several months.
(v)
Public disclosure of the information would be highly likely to cause substantial harm to EPRl's competitive position and the ability of EPRI to license the information both domestically and internationally. The information can be properly acquired or duplicated by others only with an equivalent investment of time and effort.
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PDR TOPRP EXIEPRI C
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A. Kenny 2
We have reviewed your application and the material based on the requirements and criteria 10 CFR 2.790 and, on the basis of EPRI statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial informatio Therefore, TR-107620-R1 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 properiy 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.
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 s
this determination in the future, such as, if the scope of a Freedom of Information Act reques includes 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, pra Q Edmund J. Sullivan, Chief f
NDE & Metallurgy Section Materials and Chemical Engineering Branch Division of Engineering Office of Nuclear Heactor Regulation
o en, A. Kenny 2
We have reviewed your application' and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of EPRI statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, TR-107620-R1 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 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.
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 includes 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, original signed by James A. Davis for:
Edmund J. Sullivan, Chief NDE & Metallurgy Section Materials and Chemical Engineering Branch Division of Engineering Office of Nuclear Reactor Regulation DISTRIBUTION:
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EMCB:DE NARIE KThom bhI5IEMlaO ESullivan DATE
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T/M/99 OFFICIAL RECORD COPY
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