ML20212E728
| ML20212E728 | |
| Person / Time | |
|---|---|
| Issue date: | 09/24/1999 |
| From: | Stephen Dembek NRC (Affiliation Not Assigned) |
| To: | Mallay J SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER |
| References | |
| PROJECT-702 NUDOCS 9909270126 | |
| Download: ML20212E728 (3) | |
Text
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UNITED STATES j
j NUCLEAR REGULATORY COMMISSION 2
WASHINGTON, D.C. 30666 4 001
...../
September 24, 1999 Mr. James F. Mallay Director, Regulatory Affairs Siemens Power Corporation 2101 Horn Rapids Road Richland,WA 99352
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE - SIEMENS POWER CORPORATION
Dear Mr. Mallay:
At a meeting held on August 3,1999, between the Nuclear Regulatory Commission and Siemens Power Corporation (SPC) that discussed issues related to the realistic loss-of-coolant accident (LOCA) topical report submitted by SPC, slides were presented that contained information considered proprietary by SPC. A nonproprietary version was submitted for placement in the NRC public document room.
An affidavit, dated July 28,1999, executed by Jerald S. Holm, SPC, the owner of the slides, was presented at the meeting. SPC states that the submitted information should be considered exempt from mandatory public disclosure for the following reasons.
"6.
The Documents contain information which is vital to a competitive advantage of SPC and would be helpful to competitors of SPC when competing with SPC.
7.
The information contained in the Documents is considered to be pmprietary by SPC because it reveals certain distinguishing aspects of SPC licensing methodology which secure competitive advantage to 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 Documents.
o 8.
The disclosure of the proprietary information contained in the Documents to a competitor would permit the competitor to reduce its expendure 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.
9.
The Documents contain proprietary information which is held in confidence by SPC and is not available in public sources.
10.
In accordance with SPC's policies governing the protection and control of information, proprietary information contained in the Documents has been made available, on a limited basis, to others outside SPC only as required and under 9909270126 990924 PDR TOPRP EMVEXXN C
Mr. Jim:s F. Mill y September 24, 1999 suitable agreement providing for nondisclosure and limited use of the information.
11.
SPC policy requires that proprietary information be kept in a secured file or area I
and distributed on a need-to-know basis.
)
i i
12.
Information in these Documents provides insights into SPC licensing
(
methodology developed by SPC. SPC has invested significant resources in developing the methodology as well as the strategy for this application.
Assuming a competitor had available the same background data and incentives as SPC, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as SPC."
l We have reviewed your materialin accordance with the requirements of 10 CFR 2.790 and, on l
the basis of your statements, have determined that the submitted informatin sought to be i
withheld contains proprietary commercial information and should be withheld from public l
disclosure.
Therefore, the version of the " Documents" 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 documents. If the need arises, we may send copius 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 also should understand that the NRC may have cause to review this determination in the future 'or example, if the scope of a Freedom of Information Act request includes your informauon. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
l If you have any questions regarding this matter, I may be reached at 301-415-1455.
Sincerely, ORIG. SIGNED BY Stephen Dembek, Chief, Section 2 Project Directorate IV and Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 702 DISTRIBUTION:
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Mr. James F. Mallay suitable agreement providing for nondisclosure and limited uae of the information.
11.
SPC policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.
12.
Information in these Documents provides insights into SPC licensing methodology developed by SPC. SPC has invested significant resources in developing the methodology as well as the strategy for this application.
Assuming a competitor had available the same background data and incentives as SPC, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as SPC."
We have reviewed your material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted informatin sought to be withheld contains proprietary commercialinformation and should be withheld from public disclosure.
4 Therefore, the version of the " Documents" 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 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 also 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. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
If you have any questions regarding this matter, I may be reached at 301415-1455.
Sincerely, g[
Stephen Dembek, Chief, Section 2 Project Directorate IV and Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 702