ML20245K652

Advises That Rev 0 to USE-61-002-P, Stability of Low Level Radwastes Solidified W/High Strength Asphalt Will Be Withheld from Public Disclosure (Ref 10CFR9.5(4))

ML20245K652
Person / Time
Issue date:	07/27/1989
From:	Surmeier J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Simpson S U.S. ECOLOGY, INC. (FORMERLY NUCLEAR ENGINEERING
References
NUDOCS 8908210102
Download: ML20245K652 (2)

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4 BJ/ LETTER TO S.SIMPSON g 3 7 g.

Steve I. Simpson Manager of Engineering.

U. S. Ecology, Incorporated 212. South Tyron Street, Suite 300 Charlotte, NC 28281

Subject:

U. S. Ecology Topical Report " Stability of Low-Level Radioactive Wastes Solidified with High Strength Asphalt", Report No.USE-61-002-P; Revision 0; Docket Number WM-102 The material provided to the NRC in the subject Topical Report (dated July 13, 1989) contained information that you requested be withheld from public disclosure in accordance with Commission regulations regarding the handling of

, proprietary information. Since the material was for the purpose of Staff Review of your initial topical report submittal and it is anticipated that there will be several changes to the document before a final version is approved, we will treat this material as proprietary information within the provision of 10 CFR 9.5(4), with the following exceptions:

(1) Information which is found to be generally ava11able to the public will not be treated as proprietary.

(2) Information which is available to the government or becomes available on an unrestricted basis will thereafter be treated as nonproprietary.

(3) Documentary material requested under the Freedom of Information Act (5 U.S.C. 552) will be reviewed at the time the request is received and a determination made whether such information may be withheld from public disclosure. The determination will be made on the basis of additional information which will be required to be furnished to the NRC in support of the (submitter's) proprietary position.

(4) The NRC, under a nondisclosure agreement, may disclose this information to licensees and applicants if such disclosure is necessary to assure that the public health and safety is adequately protected.

If there is a need to consider the public disclosure of the (Submitter's)

. proprietary material identified in this letter, it is our intention that (Submitter) would be notified prior to making a disclosure determination and L

that such a determination would be made in accordance with the procedures and l

conditions of 10 CFR 9, Subpart A.

Lastly, when a final topical report is approved or should (submitter) employ these data as part of any license

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application or any other action identified in 10 CFR 2.790(a), such data shall be separately submitted and such submittal shall include an application for 8908210102 890727

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BJ/ LETTER TO S. SIMPS')N 2

withholding accompanied by an affidavit meeting the requirements of 10 CFR-2.790(b). This formal submittal will also include a non-proprietary version of this final topical report.

We hope that the provisions set forth in this letter for control of this information are acceptable to you.

Sincerely, CXq jeli 2. CUTJfDER

^

John J. Surmeier, Chief Technical Branch Division of Low-Level Waste Management and Decommissioning, NMSS Distribution:

6CentraUFiles:

JSurmeier BJagannath MTokar MBell NMSS r/f LLTB r/f PLohaus JAustin JGreeves RBangart PDR Yes:

PDR-No:/

/ Reason: Proprietary /

/ or CF Only /

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ACNW-Yes:/

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No:/ y /

SUBJECT ABSTRACT:

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NAME:BJagannath/1j:MTokar

JSuMeter:

DATE: 7 /M/89 7 /M/89 :7/p/89: / /89: / /89 :

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OFFICIAL RECORD COPY 3

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