ML20245H929

Advises That 890113 Response to NRC Request for Addl Info Withheld (Ref 10CFR2.790(b)(5)),per Request

ML20245H929
Person / Time
Site:	Millstone
Issue date:	02/22/1989
From:	Jaffe D Office of Nuclear Reactor Regulation
To:	Wiiliamson H SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER
References
TAC-68360, NUDOCS 8903060095
Download: ML20245H929 (4)

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. UMTED STATES

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l Docket No. 50-336

. Mr. H. E. Williamson . <

' Manager.; Licensing and. Safety Engineering _'

Advanced Nuclear Fuels Corporation

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'2101~ Horn Rapids Road:

P. O. Box ~130 Richland,. Washington _ 99352

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE-RESPONSE TO NRC REQUEST FOR ADDITIONAL INFORMATION DATED JANUARY 13,1989 (TAC 368360).

By your application and affidavit dated January 13, 1989, you submitted a response to an NRC request for additional information and requested that it be.

withheld from public disclosure pursuant to 10 CFR 2.790.

You stated thet the submitted information should be considered. exempt from.

. mandatory public disclosure for'the following: reasons:

1. The document contains information which is vital to a competitive advantage of ANF and would be helpful to competitors of ANF when competing ~with ANFJ

'. 2.- The information contained in the document is considered to be proprietary by ANF because it. reveals certain distinguishing aspects of PWR fuel design licensing-methodology and criteria which secure competitive advantage to ANF for fuel design _ optimization'and marketability, and includes information utilized by ANF in its business which affords'ANF an opportunity to obtain a competitive advantage over its competitors who do not or may not know or use the information contained in the document.

3. The disclosure of the proprietary information contained in the document l to a competitor would permit the competitor to reduce its expenditure of 1 money and manpower and to improve its competitive position by giving it extremely valuable insights into PWR fuel design licensing methodology and criteria and would result in substantial harm to the competitive position of ANF.

4. The document contains proprietary information which is held in confidence by ANF and'is not available in public sources.

5. Information in the document provides insight into PWR fuel design i licensing methodology'and criteria developed by ANF. ANF has invested significant resources in developing the PWR fuel design licensing methodology and criteria as well as the strategy for this application.

Assuming a competitor had available the same background data and incentives as:ANF, the competitor might, at a minimum, develop the information for the same expenditure of manpower and money as ANF.

8903060095 890222 PDR ADOCK 05000336 W

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T-H. E. Williamson -i L

L ByleiterdatedJanuary 23, 1989, the non-proprietary version of the. subject material was also submitted.

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

Therefore, the version of the ~ submitted information marked as 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.

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, 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 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 situations, if the NRC makes a determination adverse to the above, you will be notified.in advance of any public disclosure.

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David J fe, . oject Manager Project rectorate I-4 Division of Reactor Projects Office of Nuclear Reactor Regulation cc: See next page

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H. E. Williamson H By letter dated January 23, 1989, the.non-proprietary version of the subject f material was also submitted.

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

Therefore, the version of the submitted information marked as 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.

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, 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 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 situations, if the NRC makes a. determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely,

/s/

David H. Jaffe, Project Manager Project Directorate I-4 Division of Reactor Projects Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION

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I Mr. H..E. Williamson- Millstone Nuclear Power Station Advanced Nuclear Fuels Corporation Unit No. 2 cc:

Gerald Garfield, Esquire R. M. Kacich, Manager Day, Berry and Howard Generation Facilities Licensing Counselors at' Law Northeast Utilities Service Company.

City Place Post Office Box 270 Hartford, Connecticut 06103-3499 Hartford, Connecticut 06141-0270 W. D. Romberg, Vice President D. O. Nordquist Nuclear Operations _ Manager of Quality Assurance Northeast Utilities Service Company Northeast Nuclear Energy Company Post Office Box 270 Post Office Box 270 Hartford, Connecticut 06141-0270 Hartford, Connecticut 06141-0270 Kevin McCarthy, Director Regional Administrator Radiation Control Unit Region I Department of Environmental Protection U. S. Nuclear Regulatory Commission State Office Building 475 Allendale Road Hartford, Connecticut 06106 King of Prussia, Pennsylvania 19406 Bradford S. Chase, Under Secretary First Selectmen Energy Division Town of Waterford Office of Policy and Management Hall of Records 80 Washington Street 200 Boston Post Road

' Hartford, Connecticut 06106 Waterford, Connecticut 06385 S. E. Scace, Station Superintendent W. J. Raymond, Resident Inspector Hillstone Nuclear Power Station Millstone Nuclear Power Station Northeast Nuclear Energy Company c/o U. S. Nuclear Regulatory Commission Post Office Box 128 Post Office Box 811 Waterford, Connecticut 06385 Niantic, Connecticut 06357 J. S. Keenan, Unit Superintendent Charles Brinkman, Manager Millstone Unit No. 2 Washington Nuclear Operations Northeast Nuclear Energy Company C-E Power Systems

. Post Office Box 128 Combustion Engineering, Inc.

Waterford. Connecticut 06385 12300 Twinbrook Pky Way Suite 330 Rockville, Maryland 20852 Mr. Edward J. Mroczka Senior Vice President Nuclear Engineering and Operations Northeast Nuclear Energy Company P. O. Box 270 Hartford, Connecticut 06141-0270 l

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