ML20236V470
| ML20236V470 | |
| Person / Time | |
|---|---|
| Issue date: | 07/22/1998 |
| From: | Birmingham J NRC (Affiliation Not Assigned) |
| To: | Mallay J SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER |
| References | |
| PROJECT-702 NUDOCS 9808030243 | |
| Download: ML20236V470 (6) | |
Text
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WASHINGTON, D.C. 20066 4001 I
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July 22,1998 l
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Mr. James F. Mallay, Director Regulatory Affairs 2101 Hom Rapids Road P.O. Box 130 Richland, WA 99352-0130
SUBJECT:
SIEMENS POWER CORPORATION (SPC) REQUEST TO WITHHOLD PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Dear Mr. Mallay:
By letter dated June 30,1998, SPC submitted proprietary report EMF-84-093(P), Revision 1, "Steamline Break Methodology for PWRs" and also nonproprietary report EMF-84-093(P),
Revision 1, "Steamline Break Methodology for PWRs." Enclosed in the letter was an affidavit, dated June 30,1998, executed by J.S. Holm, stating that certain information in report EMF 093(P), Revision 1, was considered proprietary by SPC and requesting that the proprietary information be withheld from public disclosure.
The affidavit stated that this information has been held in confidence by the B&WOG and should be considered exempt from mandatory public disclosure for the following reasons:
(a)
The document contains information which is vital to a competitive advantage of SPC and would be helpful to competitors of SPC when competing with SPC.
(b)
The information reveals certain distinguishing aspects of SPC licensing methodology which secure competitive advantage to SPC for fuel design optimization and marketing, and includes information used by SPC which affords SPC a potential competitive advantage over its competitors who do not or may not know or use this information.
3
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(c)
The disclosure of the proprietary information to a competitor would decrease their expenditures in money and manpower and improve their competitive position by giving valuable insights into SPC licensing methodology and would result in substantial hann to the competitive position of SPC.
(d)
The document contains proprietary information which is held in confidence by SPC and is not publicly evailable. SPC has, on a limited basis made this information to others j
outside SPC only under suitable agreement providing for nondisclosure.
(e)
This document provides insight into SPC licensing methodology. This insight may aid a s
competitor to develop the information for the same expenditure of resources as SPC.
We have rosiewed the submitted materialin accordance with the requirements of 10 CFR 2.790 and, on the basis of statements by you, have determined that the submitted information sought ig to be withheld does contain proprietary commercialinformation.
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July 22,1998 l
Therefore, we have determined that EMF-84-093(P), Revision 1, marked 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. We have also determined that nonproprietary report EMF-84-093, Revision 1, should be placed in the NRC Public Document Room.
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 disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the Nuclear Regulatory Commission. You should also understand that NRC may have cause to review this determination in the future if, for example, the scope of a Freedom of Information Act request included your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of public disclosure.
If you have any questions regarding this matter please contact me by phone 301/415-2829 or emailjlb4@nrc. gov, Sincerely,
[
J seph L. Birmingham, Project Mgr.
Generic issues and Environmental L
Projects Branch Office of Nuclear Reactor Regulation Project No. 702 1
s" James F. Mallay 2
July 22, 1998 If you have any questions regarding this matter please contact me by phone 301/415-2829 or emailjtb4@nrc. gov.
Sincerely, fJl Joseph L. Birmingham, Project Mgr.
Generic issues and Environmental Projects Branch Office of Nuclear Reactor Regulation Project No. 702 DISTRIBUTION:
Hard Copy Docket File PUBLIC JBirmingham PGEB r/f SRXB r/f EWang OGC ACRS Email FAkstulewicz TEssig TCollins RCaruso
' DOCUMENT NAME: G:\\JLB\\ EMF 84093.JLB To receive a copy of this document, indicate 8a the box "C" = Copy without enclosures "E"
=
Copy with enclosures "N" = No copy OFFICE PGEB 0 f/7 OGC 0)
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NAME JBirmifiitham MPSiemien I60 RfM(stuhwicz TEssig WNf/
DATE T7 //f/98 1/M98
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION WAaMINGToN, D.C. 30006 0001 July 22,1998
. Mr. James F. Mallay, Director Regulatory Affairs 2101 Hom Rapids Road P.O. Box 130 Richland, WA 99352-0130
SUBJECT:
SIEMENS POWER CORPORATION (SPC) REQUEST TO WITHHOLD PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Dear Mr. Mallay:
By letter dated June 30,1998, SPC submitted proprietary report EMF-84-093(P), Revision 1, "Steamline Break Methodology for PWRs" and also nonproprietary report EMF-84-093(P),
Revision 1, "Steamline Break Methodology for PWRs." Enclosed in the letter was an affidavit, dated June 30,1998, executed by J.S. Holm, stating that certain information in report EMF 093(P), Revision 1, was considered proprietary by SPC and requesting that the proprietar) information be withheld from public disclosure.
The affidavit stated that this information has been held in confidence by the B&WOG and should be considered exempt from mandatory public disclosure for the following reasons:
(a)
The document contains information which is vital to a competitive advantage of SPC and would be helpful to competitors of SPC when competing with SPC.
(b)
The information reveals certain distinguishing aspects of SPC licensing methodology which secure competitive advantage to SPC for fuel design optimization and marketing, and includes information used by SPC which affords SPC a potential competitive advantage over its competitors who do not or may not know or use this information.
(c)
The disclosure of the proprietary information to a competitor would decrease their expenditures in money and manpower and improve their competitive position by giving valuable insights into SPC licensing methodology and would result in substantial harm to the competitive position of SPC.
(d)'
The document contains proprietary information which is held in confidence by SPC and is not publicly available. SPC has, on a limited basis made this information to others outside SPC only under suitable agreement providing for nondisclosure.
(e)
This document provides insight into SPC licensing methodology. This insight may aid a competitor to develop the information for the same expenditure of resources as SPC.
We have reviewed the submitted material in accordance with the requirements of 10 CFR 2.790 and, on the basis of statements by you, have determined that the submitted information sought to be withheld does contain proprietary commercialinformation.
i
James F. Mallay 2
July 22, 1998 Therefore, we have determined that EMF-84-093(P), Revision 1, marked proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(S) and Section 103(b) of the Atomic Energy Act of 1954, as amended. We have also determined that nonproprietary report EMF-84-003, Revision 1, should be placed in the NRC Public Document Room.
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 disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the Nuclear Regulatory Commission. You should also understand that NRC may have cause to review this determination in the future if, for example, the scope of a Freedom of information Act request included your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of public disclosure.
If you have any questions regarding this matter please contact me by phone 301/415-2829 or emailjlb4@nrc. gov.
Sincerely,
[
J seph L. Birmingham, Project Mgr.
Generic Issues and Environmental Projects Branch Office of Nuclear Reactor Regulation Project Wo. 702 l
i
'e '
James F. Mallay 2
July 22,1998 If you have any questions regarding this matter please contact me by phone 301/415-2829 or emailjib4@nrc. gov.
Sincerely,
/3{
Joseph L. Birmingham, Project Mgr.
Generic issues and Environmental I
Projects Branch Office of Nuclear Reactor Regulation Project No. 702 l
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DISTRIBUTION:
Hard Cooy Docket File PUBLIC JBirmingham PGEB r/f SRXB r/f EWang OGC ACRS Emai!
FAkstulewicz TEssig TCollins RCaruso DOCUMENT NAME: G:ULB\\ EMF 84093.JLB To rcceive a copy of this document, indicate in the box "C" = Copy without enclosures "E" =
i Ccpy with enclosures "N" = No copy OFFICE PGEB 0(f)
OGC 0;iPGEN g PGEB A
NAME JBirmniham MPSiemien TTD RMstuhwicz TEssig WNf/
DATE 7 //f/98 1/$38
'7 03/98 7/2498 OFFICIAL RECORD COPY l