ML20212K119
| ML20212K119 | |
| Person / Time | |
|---|---|
| Issue date: | 10/01/1999 |
| From: | Kalyanam N NRC (Affiliation Not Assigned) |
| To: | Mallay J SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER |
| References | |
| PROJECT-702 NUDOCS 9910060139 | |
| Download: ML20212K119 (4) | |
Text
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\* UNITED STATES
]p. NUCLEAR REGULATORY COMMISSION
. WASHINGTON, D.C. 3000H001
\***** October 1, 1999 Mr. James F. Mallay = !
Director, Nuclear Regulatory Affairs l Siemens Power Corporation I
2101 Hom Rapids Road Richland, WA 99352 -
SUBJECT:
REQUEST FOR WITHHOLDING FROM PUBLIC DISCLOSURE -
. ASSESSMENT OF FUEL CHANNEL DESIGN CALCULATIONS
Dear Mr. Mallay:
)
i By your letter dated July 23,1999, and affidavit of July 23,1999, you submitted an updated '
assessment of the BWR fuel channel designs that was pedormed using the approved methods described in Siemens Power Corporation (SPC) topical report EMF-93-177(P)(A) and Supplement 1, " Mechanical Design for BWR Fuel Channels."
You stated that the information contained in the attachment is considered to be proprietary to !
SPC and requested that they be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version was not submitted to the NRC for placement in the public document l room. I The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
"6. The Document contains information which is vital to a competitive advantage of j
~ SPC and would be helpful to competitors of SPC when competing with SPC. !
l
- 7. The information contained in the Document is considered to be proprietary by SPC
. because it reveals certain distinguishing aspects of SPC licensing methodology which secure competitive advantage to SPC for fuel design optimization and marketability, and includes 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.
- 8. The disclosure of the proprietary information contained in the Document to a I 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. D !
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- 9. The Document contains proprietary information which is held in confidence by SPC and is not available in public sources. l l
l 10. In accordance with SPC's policies govaming the protection and control of '
l information, proprietary information contained in this Document has been made ,
available, on a limited basis, to others outside SPC only as required and under I 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 j and distributed on a need-to-know basis. j l
- 12. Information in this Document provide insight into SPC licensing methodology I developed by SPC. SPC has invested significant resources in developing the I 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 application and the material in accordance with the requirements of 10 CFR 2.700 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercialinformation and should be withheld from public disclosure.
Therefore, the attachment, an updated assessment of BWR fuel channel designs that was performed using the approved methods described in topical report EMF-93-177(P)(A) and Supplement 1, " Mechanical Design for BWR Fuel Channels,' 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 concemed 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.
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Mr. James F. Mallay - if you have any questions regarding this matter, I may be reached at (301) 4151480.
Sincerely, I
f b eO ._
Nageswaran Kalyanam, Project Manager, Section 2 Project Directorate IV & Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 702
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October 1, 1999 Mr. James F. Mallay I If you have any questions regarding this matter, I may be reached at (301) 4151480.
Sincerely, l
ORIG. SIGNED BY l Nageswaran Kalyanam, Project Manager, Section 2 l Project Directorate IV & Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation l
Project No. 702 DISTRilBUTION Docket File PUBLIC PDIV-2 Reading SRichards MPSiemien, OGC JWermiel
' ~
To receive a copy of this document, indicate "G" in the box OFFICE PDIV-2/PM ,
C PDIV-D/LA C DSS 4/SRXB/BC 6 OGC g C PDIV-2/SC NAME NKalyanan)# EP Y JWerk MPSfeNb SDembekM -
DATE 9 / M99 9 Si /99 9 /2.2 /99 >,'\ h 9 /M/99 9 / D9' DOCUMENT NAME: G:\PDIV-2\Siemens\072399_NRC_99_031-PRO finding.wpd