ML20212K639
| ML20212K639 | |
| 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 9910060340 | |
| Download: ML20212K639 (3) | |
Text
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- NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20085 4001 o***** October 1,1999 Mr. James F. Mallay Director, Regulatory Affairs Siemens Power Corporation 2101 Horn Rapids Road Richland, WA 99352
SUBJECT:
REVIEW OF TOPICAL REPORT EMF-2245(P) REVISION 0, " APPLICATION OF SIEMENS POWER CORPORATION'S CRITICAL POWER CORRELATIONS TO CO-RESIDENT FUEL," PROJECT NO. 702 (TAC NO. MA6438)
Dear Mr. Mallay:
By your letter dated August 11,1999, and affidavit dated August 11,1999, executed by H. Donald Cruet, you submitted Topical Report EMF-2245(P), Revision 0, " Application of Siemens Power Corporation's Critical Power Correlations to Co-Resident Fuel."
You had stated some of the information contained in the topical report is considered to be proprietary to Siemens Power Corporation (SPC) and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version was submitted for placement in the NHC public document room.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
"6. This Document contains 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 this Document is considered to be proprietary by SPC because it reveals certain' distinguishing aspects of SPC ll censing methodology which secure competitive advantage to SPC for fuel design optimization and marketabilsty, 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 this Document to a 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.
9.- The Document contains proprietary inf n is by SPC and is not available in public sources. c/c/ g g D
- 10. In accordance with SPC's policies goveming the protection and control of ! n information, proprietary information contained in this Document has been made available, on a limited basis, to others outside SPC only as required and under fp suitable agreement providing for nondisclosure and limited use of the information. {
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. n Mr. James F. Mallay 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 this Document provides insight into 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 tne 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 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the version of Topical Report EMF-2245(P), Revision 0, " Application of Siemens Power Corporation's Critical Power Correlations to Co-Resident Fuel," 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 questiores regarding this matter, I may be reached at 301415-1480.
Sincerely, s
Nageswaran Kalyanam, Project Manager, Section 2 Project Directorate IV & Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 702 I
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FL October 1, 1999
. o Mr. J mes F. Mill:y 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 this Document provides insight into 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 application 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 proprietary commercial information and should be withheld from public disclosure.
Therefore, the version of Topical Report EMF-2245(P), Revision 0, " Application of Siemens Power Corporation's Critical Power Correlations to Co-Resident Fuel," 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.
If you have any questions regarding this matter, I may be reached at 301-415-1480.
1 Sincerely, ORIG. SIGNED BY Nageswaren Kalyanam, Project Manager, Section 2 Project Directorate IV & Decommissioning Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 702 DISTRIBUTION-Central File. SRichards PUBLIC MPSiemien, OGC PDIV-2 Reading JWermiel t To receive a copy of mis cocument, inascate v in tne DoX OFFICE PDIV-2/PM C PDIV-D/LA C DSSyyl3Xp/BC OGC[ [ '
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