ML20248H865

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Advises That 980519 Application & Affidavit Containing Proprietary Version of Siemens Power Corp Revised Exem/Pwr Evaluation Model Will Be Withheld from Public Disclosure, Per 10CFR2.790(b)(5) & Section 102(b) of AEC of 1954
ML20248H865
Person / Time
Issue date: 06/02/1998
From: Essig T
NRC (Affiliation Not Assigned)
To: Holm J
SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER
References
NUDOCS 9806080282
Download: ML20248H865 (3)


Text

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Jure 02,1998 Mr. Jerry S. Holm Manager, Product Licensing Siemens Power Corporation 2101 Horn Rapids Road, PO Box 130 Richland, WA 99352-0130

Dear Mr. Holm:

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE SIEMENS POWER CORPORATION'S REVISED EXEM/PWR EVALUATION MODEL SLIDES PRESENTED TO THE NRC ON MAY 21,1998 By your application ar.d effidavit dated May 19,1998, Siemens Power Corporation (SPC) submitted proprietary and non-proprietary versions of "Siemens Power Corporation's Revised EXEM/PWR Evaluation Model" presentation slides, and requested that certain identified data in the proprietary version be withheld from public disclosure pursuant to 10 CFR 2.790. The information which is proprietary in the proprietary version is deleted by you in the non-proprietary version.

In the affidavit, you stated that the submitted information should be considered exempted from mandatory public disclosure because: (1) the document contains information which is vital to a competitive advantage of SPC and should be helpful to competitors of SPC when competing with SPC; (2) the information contained in the Document is considered to be proprietary by SPC because it reveals certain distinguishing aspects of SPC licensing methodology which secure competitive advantage to SPC for fuel design optimization and marketability, and includes information utilized by SPC in its business which affords SPC 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 to a competitor would permit the competitor to reduce its expenditure of money and manpower and to improve its competitive position by giving it valuable insights into SPC licensing methodology and would result in substantial harm to the competitive position of SPC.

We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and on the basis of SPC's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

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Mr. Jerry S. Holm Therefore, we have determined that the document entitled "Siemens Power Corporation's Revised EXEM/PWR Evaluation Model" presentation slides, marked as proprietary will be s withheld from public disclosure pursuant 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 document. 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 the 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 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 or makes a determination adverse to the above, you will be notifed in advance of any public disclosure.

Sincerely,-

"Originial Signed By" Thomas H. Essig, Acting Chief '

Generic issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Distnbution iCentral Filef

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o H. Curet Therefore, we have determined that the document entitled "Siemens Pow Corporation's Revised EXEM/PWR Evaluation Model" presentation slides, marked as pfr prietary will be withheld from public disclosure pursuant 10 CFR 2.790{b)(5) and Sec ion 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if y, of persons properly and directly concerned to inspect the document. If the need arise, we may send copies of this information to our consultants working in this area. We wil, of course, ensure that the consultants have signed the appropriate agreements for h ndling proprietary information.

If the basis for withholding the information from publi nspection should change in the future such that the information could then be made vailable for public inspection, you should promptly notify the NRC. You should under tand that the NRC may have cause to review this determination in the future, for examp,if the scope of a Freedom of Information Act request includes your informati or makes a determination adverse to the above, you will be notified in advance of any p blic disclosure.

S' cerely, Thomas H. Essig, Acting Chief Generic issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation cc: See next page Distribution:

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