ML20216H638

Responds to & Affidavit Signed by Re Vaughan on 980316,requesting That Certain Info in Response to RAI Be Withheld Per 10CFR2.790.Determined That Info Sought to Be Withheld Contains Proprietary Info & Will Be Withheld

ML20216H638
Person / Time
Site:	Framatome ANP Richland
Issue date:	04/15/1998
From:	Ten Eyck E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Maas L SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER
References
TAC-L30929, NUDOCS 9804210206
Download: ML20216H638 (3)

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UN!TED STATES p

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j NUCLEAR REGULATORY COMMISSION t

WASHINGTON, D.C. 20666-0001 g

April 15, 1998 Mr. L. J. Maas i

l Manager, Regulatory Compliance Siemens Power Corporation 2101 Horn Rapids Road l

Richland, Washington 99352-0130

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION (TAC NO. L30929)

Dear Mr. Maas:

This is in response to your letter dated March 19,1998, and affidavit signed by Raymond E.

Vaughan on March 18,1998, requesting that certain information in your response to a request for additionalinformation be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version of the document will be placed in the NRC Public Document Room as stated in the requirement of 10 CFR 2.790 (b)(1)(i).

l The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1.

The information contained in the subject document is owned by Siemens Power Corporation (SPC) - Nuclear Division.

2.

The information has been held in confidence by SPC - Nuclear Division pursuant to its intemal policies.

3.

The information is not available in public sources, is normally held in confidence by SPC - Nuclear Division, and is being presented to the U.S. Nuclear Regulatory i

Commission (NRC) in confidence.

4.

The public disclosure of the information would likely cause substantial harm to SPC - Nuclear Division's competitive position because SPC - Nuclear Division has expended considerable resources in tkne and money in developing the Lagoon Uranium Recovery and Solids Processing Facility processes and the information, if used by a competitor of SPC - Nuclear Division, could result in such competitor's gaining a competitive advantage without expending such resources.

We have reviewed your application and the materialin 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.

Therefore; the version of the submitted information marked as proprietary will be withheld from l

public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

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9804210206 980415 PDR ADOCK 07001257 C

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Mr. L. J. Maas 2

. 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 NRC. You also should understand that 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 NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

j-Sincerely, -

i Elizabeth Q. Ten Eyck, Director Director of Fuel Cycle Safety and Safeguards, NMSS Docket 70-1257 License SNM-1227 l

Distribution (Control NO. 7EOS) [ PARTIAL)

Docket 70-1257 PUBLIC NRC File Center Region IV Plain l

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l DATE 03/20 /98 03/20/98 04/ 06 /98 04/07 /98 04/10 /98 04/13/98 04/ /98 C = COVER E = COVER & ENCLOSURE N = NO COPY

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1 Mr. L..l. Maas 2

Withholding from public inspection shall not affect the right, if any, of persons properly and j

directly concerned to inspect the documents.

If the need arises, we may send copies of this information to our consultants working in this i

area. We will, of course, ensure that the consultants have signed the appropriate agreements l

for handling proprietary information. If the basis for withholding this information from public l

inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify NRC. You also should understand that NRC may have cause to review this determination in the future, for example, if the scope of a l

Freedom of Information Act request includes your information. In all review situations, if NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, Eliza th Q. T Eyck, Direct Director of Fuel Cycle Safety and Safeguards, NMSS Docket 70-1257 i

License SNM 1227 l

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