ML20235E199

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Notifies That NEDE-21596-P, Mark III Confirmatory Test Program - 1/3 Scale Condensation & Stratification Phenomena-Test Series 5807 Withheld Per 10CFR2.790,based on Review of 770822 & 23 Application & Affidavit,Respectively
ML20235E199
Person / Time
Issue date: 09/22/1977
From: Parr O
Office of Nuclear Reactor Regulation
To: Sherwood G
GENERAL ELECTRIC CO.
Shared Package
ML20234E460 List: ... further results
References
FOIA-87-40 NUDOCS 8707100454
Download: ML20235E199 (2)


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NUCLEAR REGULATORN COMMISSION ,-

WASHINGTON, D. C. 20555

% f" SEP 2 21977 Central Files - Topical Reports g .

General Electric Company r- -

ATTN: Dr. G. G. Sherwood, Manager Safety and Licensing c P3.!1977 175 Curtner Avenue ,

San Jose, California 95114 Gentlemen: '

SUBJECT:

GENERAL ELECTRIC TOPICAL REPORT NEDE-21596-P " MARK III CONFIRMATORY TEST PROGRAM - 1/3 SCALE CONDENSATION AND STRATIFICATION PHENOMENA-TEST SERIES 5807" By your application and affidavit, dated August 22, 1977 and August 23, 1977, respectively, 'you submitted Topical Report NEDE-21596-P " Mark III Confirmatory Test Program - 1/3 Scale Condensation and Stratification Phenomena - Test Series 5807," dated March 1977 and requested that this report be withheld from public disclosure pursuant to 10 CFR 2.790.

Your reasons for requesting our withholding this information were that the information has been held in confidence by the General Electric Company, no public disclosure of it has been made, and it is not available in public sources. The tests and results listed in Topical Report NEDE-21596-P comprise part of a program that was developed by General Electric Company at exorbitant costs. Public availability of this information would deprive General Electric of the ability to seek reimbursement, and would permit competitors to utilize the information to their own advantage without incurring the output of similar manpower, research effort or funds. Public availability of the information would also allow foreign competitors, including BWR suppliers, to obtain containment information at no cost which General Electric developed at substantial cost. Use of this information by foreign competitors would give them a competitive advantage over General Electric by allowing foreign compet- 1 itors to produce their containment at lower cost.

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We have reviewed your application and material based on the requirements and l criteria of 10 CFR 2.790 and have determined that the above-mentioned document I sought to be withheld contains trade secrets of confidential or privileged {

comme'rcial or financial information.  !

We also have found at this time that the right of the public to be fully apprised as to the bases for and effects of the proposed licensing action  !

does not outweigh the demonstrated concern for protection of your competi- I tive position. Accordingly, we have determined that the information should be withheld from public disclosure.

We therefore approve your request for withholding pursuant to Section 2.790 l of 10 CFR Part 2 and are withholding Topical Report NEDE-21596-P from public j inspection as proprietary. ACRS 8707100454 870623 PDR FOIA

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SEP 2 21977 i General Electric Company i 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, assure that the consultants-have signed the appropriate agreements for handling proprietary data.

Sincerely,

, a'r ,Dief, Light'llater Reactors #3 Division of project Management cc: Mr.- L. Gifford General Electric Company 4720 Montgomery Lane Bethesda, Maryland 20014 ,

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