ML20236Y220
| ML20236Y220 | |
| Person / Time | |
|---|---|
| Issue date: | 08/10/1998 |
| From: | Steven Baggett NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Stricklin G AFFILIATION NOT ASSIGNED |
| References | |
| SSD, NUDOCS 9808120005 | |
| Download: ML20236Y220 (4) | |
Text
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NUCLEAR REGULATORY COMMISSION WA5HINGToN, D.C. 20!WW0001
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August 10, 1998 Glenn Stricklin GE Medical Systems 3000 N. Grandview Blvd., W-641 Waukesha, WI 53188
Dear Mr. Stricklin:
This is in reference to your affidavits dated March 17,1998, May 7,1998, and July 10,1998, and the letters dated July 17,1998, July 21,1998, and July 29,1998, in which you requested that pages, or portions of pages from the Optima AC program document, AS, A10; B7, B45, B47-852, B54-857, B59-B66,867-B85, B87-888; C5-C25; E2; F2-F7, F10-F11, and F14 of GE Medical Systems' (GEMS) application dated March 28,1997, as well as, the information attached in response to item 8 (GE Procedure OPT-856 and DHR0100) of GEMS' letter dated March 19,1998, be withheld from public disclosure pursuant to 10 CFR 2.790. A non-proprietary version of the Optima AC proprietary pages has been submitted for placement in the Public Document Room. GE Medical Systems' submitted multiple letters in response to the NRC's repeated questioning that its documents and attachments contained information which is not proprietary. See enclosure for NRC correspondence.
The information is being withheld from public disclosure for the following reasons:
a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEMS' competitors without license from GEMS constitutes a competitive economic advantage over other companies:
b.
Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance or quality, or licensing of a similar product.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of GE Medical Systems' statements, have determined that the information sought to be withheld contains trade secrets or proprietary commercial information regarding specifications of the design and fabrication process.
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Therefore, we have determined that the pages listed above will be withheld from public disclosure pursuant to 10 CFR 1.70(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
l' Withholding from public inspection shall not a'fect 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
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consultants have signed the appropriate agreemente. for handling proprietary information.
9000120005 980810
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G. Stricklin 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 needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, Steven L. Baggett, Deputy Branch Chief Materials Safety Branch Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards
Enclosure:
NRC Correspondence with GE Medical Systems' Concerning Withholding of Proprietary Information I
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Distribution:
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IMNS r/f SSD-97-30 NE01 l
l DOCUMENT NAME: H:\\ERIC\\ MISC \\GE.AFF
- See Previous Concurrence Ta receive a copy of this document. Indicate in the bos; "C" = Copy without ettachment/ enclosure
'E" = Copy with ettschment/ enclosure
- N* = No copy OFFICE MSB
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1 NAME ECompton
- SBaggett
- MPSiemien
- DATE 07/23/98 07/23/98 07/24/98 OFFICIAL RECORD COPY j
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'G. Stricklin additionalinformation from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
l Sincerely, l
l Steven L. Baggett, Deputy Branch Chief i
Materials Safety Branch Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety l
and Safeguards l
Enclosure:
NRC Correspondence with GE Medical Systems' Concerning Withholding of Proprietary Information I
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l Distribution:
IMNS r/f SSD-97-30 NE01 DOCUMENT NAME: H:\\ERIC\\ MISC \\GE.AFF T3 receive e copy of this document,ind6cate in the boa: "C' = Copy without attachment / enclosure "E" = Copy with ettschment/ enclosure "N" - No copy OFFICE MSB lr MSB iptlC OGC lC NAM 6 ECompton 4/ -
SBaggett/j //[(g MPSiemien gpV DATE 07/2 7/98 07/ft3/97 ' i 07/Ay/98 OFFICIAL RECORD COPY
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.- : NRC Correspondence with GE Medical Systems' Concerning Withholding of Proprietary Information CORRESPONDENCE DATE DESCRIPTION GE Medical Systems' 3/28/97 containe pages marked confidential
, application NRC letter (Eric Compton) 2/23/98 indicated need for affidavit in accordance with 10 CFR 2.790 GE letter (Thomas Demke) 3/19/98 contained affidavit of Glenn Stricklin dated 3/17/98 NRC letter (Steven Baggett) 4/9/98 indicated to GE that affidavit did not comply with 10 CFR 2.790 GE letter (Thomas Demke) 5/8/98 contained revised affidavit of Glenn Stricklin dated 5/7/98 NRC letter (John Lubinski) 5/29/98 requested additionalinformation concerning application GE letter (Dill Ray) 6/12/98 contained revised version of QA/QC procedures referenced in affidavit NRC letter (John Lubinski) 7/1/98 indicated to GE that much of the information was not proprietary GE letter (Bill Ray) 7/9/98 GE changed status of much of the material, provided updated affidavit of Glenn Stricklin dated 7/10/98 GE letter (Bill Ray) 7/17/98 Per phone conversation with John Lubinski l
7/17/98, modified status of additional documents GE letter (Bill Ray) 7/21/98 Per phone conversation with Eric Compton i
7/20/98, cleared up discrepancies of previous letter GE letter (Bill Ray) 7/29/98 Contained fax from DBA Systems indicating their Quality Policy non-proprietary
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