ML993470335

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Response to Letter Dated 06/18/1999 & Affidavit Dated 06/15/1999 Requesting That Topical Report NEDC-32900P, Be Withheld from Public Disclosure. NRC Has Determined That Submitted Information Should Be Withheld from Public Disclosure
ML993470335
Person / Time
Site: Boiling Water Reactor Owners Group
Issue date: 12/10/1999
From: Pulsifer R
NRC/NRR/DLPM/LPD3
To: Klapproth J
General Electric Co
References
NEDC-32900P
Download: ML993470335 (4)


Text

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  • UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 10, 1999 Mr. James F. Klapproth, Manager Engineering & Technology GE Nuclear Energy 175 Curtner Avenue San Jose, CA 95125

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

Dear Mr. Klapproth:

By letter dated June 18, 1999, and affidavit dated June 15, 1999, executed by George B. Stramback, GE Nuclear Energy (GENE) submitted topical report NEDC-32900P, "Licensing Topical Report TRACG Licensing Application Framework for AOO Transient Analyses," June 1999, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

The affidavit stated that the submitted information should be considered exempt from mandatory 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 General Electric's competitors without license from General Electric 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 of quality, or licensing of a similar product."

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

Therefore, we have determined that the document entitled "Licensing Topical Report TRACG Licensing Application Framework for AOO Transient Analyses," 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 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 consultants have signed the appropriate agreements for handling proprietary information.

-Tq f F December 19, 1999 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 makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-3016.

Sincerely, ko(,ert M. Pulsifer, Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 691 cc: See next page DISTRIBUTION:

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MPSienen SDembenO DATE 112/1 /99 12/ 1

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/99 Mr. James F. Klapproth

Mr. James Decembar 10, 1999 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 makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-3016.

Sincerely, Robert M. Pulsifer, roject Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Project No. 691 cc: See next page

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S Mr. James Decambe.- 19, 1999 cc:

Mr. George B. Stramback Regulatory Services Project Manager GE Nuclear Energy 175 Curtner Avenue San Jose, CA 95125 Mr. Charles M. Vaughan, Manager Facility Licensing GE Nuclear Energy, P.O. Box 780 Wilmington, NC 28402 Mr. Glen A. Watford, Manager Nuclear Fuel Engineering GE Nuclear Energy P.O. Box 780 Wilmington, NC 28402