ML20237H407

Responds to 870709 Request That Recipient Response to NRC 861230 & 870211 Requests for Addl Info Be Withheld Per 10CFR2.790.Request Approved

ML20237H407
Person / Time
Site:	05000054
Issue date:	08/12/1987
From:	Alexander Adams Office of Nuclear Reactor Regulation
To:	Mcgovern J CINTICHEM, INC.
References
NUDOCS 8708170194
Download: ML20237H407 (4)

Text

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'o UNITED STATES

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!e I o NUCLEAR REGULATORY COMMISSION I WASHINGTON, D. C. 20555

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%, *" #g, August 12, 1987 ss+*

I Docket No. 50-54

( 1 Mr. James'J. McGovern 1 .j Senior Vice President s and Plant Manager  !

Cintichem, Inc. >

]

P. O. Box S16 i Tuxedo, New York 10987 i

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE I

A By your application and affidavit dated July 9,1987, you submitted your

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response to our requests for additional information dated December 30, 1986 l and February 11, 1987, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. j s .i You stated that the submitted information should be considered exempt from J mandatory public disclosure for the following reasons:

1. Cintichem, Inc. and its parent companies are privately held I corporations whose financial information is withheld from the  !

public.

2. Similar information had been transmitted to the Commission in  !

confidence on prior occasions, and most recently in the matter of the transfer of this license from Union Carbide, Subsidiary B to Cintichem, Inc.

3. The' infonna tion is not available to the public.

4. This information could be useful to your competitors and thereby cause substantial harm to Cintichem's market position.

We have reviewed your application and' the material based on the requirements and criteria of 10 CFR 2.790 and, co the basis of Cintichem's statements, have i determined that the submitted information sought to. be withheld contains trade i secrets or proprietary commercial inforzetion. i i

Itisourbelief,pursuantto10CFR2.790(b)(5)andSection103(b)ofthe 1

, Atomic Energy Act of 1954, as amended, that, at this time, the right of the j l public to be fully apprised of the submitted information does not outweigh the )

l need to protect Cintichem's competitive position.  ;

t 8708170194 870812 PDR ADOCM 05000054 i P PDR 8

I August 12, 1987 Mr. James J. McGovern (

l

! Accordingly, we have determined that the information should be withheld from public disclosure.

We, therefore, approve your request for withholding pursuant to 10 CFR 2.790 and are withholding your response to our requests for additional information dated December 30, 1986 and February 11, 1987, fro;a public inspection as proprietary.

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, insure 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 should also l understand that the NRC may have cause to review this determination in the  !

future, such as 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,

@ch .

Alexander Adams, Jr. Project anager Standardization and Non-Power Reactor Project Directorate i Division of Reactor Projects III, IV, I l

V and Special Projects  !

Office of Nuclear Reactor Regulation

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cc: See next page l

"a Cintichem, Inc. Docket No. 50-54

l cc: New York State' Department of' Environmental Conservation 'j ATTN: Director, Office of -

Environmental Analysis l Albany, New York 12223 ]

Mr. William G. Ruzicka Manager of Nuclear Operations. i i

Union Carbide Nuclear Center l Union. Carbide Subsidiary B, Inc. 4 P. O. Box.324 Tuxedo. New York 10987-Director, Technical Development Programs State of New York Energy Office Agency Building 2 Empire State Plaza  !

Albany, New York 12223 I

i l

l a

,1 1

l i____.______._______._________._._________.______

t August 12, 1987 Mr. James J. McGovern Accordingly, we have determined that the information should be withheld from public disclosure.

We, therefore, approve your request for withholding pursuant to 10 CFR 2.790 and are withholding your response to our requests for additional information dated December 30, 1986 and February 11, 1987, from public inspection as

, proprietary.

Withholding from public inspection shall not affect the right, if any, of persons properly ano Jirectly 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, insure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should i

change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, such as if the scope of a Freedom of Information Act request includes your information. In all review situatiore, if the NRC needs additional information from you or make a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, Original signed by Alexander Adams, Jr. Project Manager Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects III, IV, V and c"ecial Projects Office of Nuclear Reactor Regulation

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cc: See next page DISTRIBUTION: '

' Docket 1 File a NRC PDR PDSNP Reading EHylton AAdams HBerkow .

EShomaker, OGC-BETH l EJordan JPartlow A . oti w Sh r 03/6/87 OS/ f 87

/ 01)ar/87 05/JJ/87

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