ML20197J081

Discusses 971217 Application & Affidavit by Siemens Power Corp for Proprietary & Nonproprietary Versions of Siemens Power Corp Atrium-10, Presentation Slides & Request That Data in Proprietary Version Be Withheld.Grants Request

ML20197J081
Person / Time
Issue date:	12/29/1997
From:	Essig T NRC (Affiliation Not Assigned)
To:	Curet D SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER
References
NUDOCS 9801020078
Download: ML20197J081 (3)

Text

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y' y \ UNITED STATES 1 s* y~ NUCLEAR REGULATORY COMMISSION

't ' WASHINGTON. D.C. 30046 4001

,g, December 29. 1997 Y

Mr. Don' H. Curet Manager, Product Licensing Siemens Power Corporation 2101 Horn Rapids Road, PO Box 130 Richland, WA 99352-0130

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE SIEMENS POWER CORPORATION'S ATRIUM *-10 ECCS TESTS SLIDES PRESENTED TO THE NRC ON DECEMBER 10,1997 By your application and affidavit dated December 17,1997, Siemens Power Corporation (SPC) submitted proprietary and non-proprietary versions of "Siemens Power Corporation's ATRIUM

• 10," 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 ecmpetitors of SPC when competing with SPC; (2) the information contained in the Document is considered to be proprietary by SPC because it reveals certsin distinguishing aspects of SPC licensin0 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 comphive position by giving it valuable insights into SPC licensing methodology and i/

would result in substantial harm to the competitive position of SPC. /g We have reviewed your submittal and the material in accordance with the requirements of ((k 10 CFR 2.790 and on the basis of SPC's statements, have determined that the submitted I information sought to be withheld contains trade secrets or proprietary commercial iniormation.

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H. Curet 2 ' December 29, 1997 1

Therefore, we have determined that the slides entitled 'Siemens Power Corporation's Statistical Setpoint and Transient Methodology," presentation slides, marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(ti) and ' etion 103(b)

~o f 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

'nformation to our consultants working in this area. We will, of course, ensure that the consultant have signed the appropriate agreements for handling proprietary information, if the basis for withholding the information from publi:: 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 racy 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 notified in advance of any public disclosure.

Sincerely, A C W Thomas H. Essig, Acting Chief \

Generic Issues and EnvironmentalV Projects Branch Division of Reictor Program Management Office of Nuclear Reacto: Regulation 4

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H. Curet 2 December 29, 1997 Therefore, we have determined that the document entitled "Siemens Power Corporation's Statistical Setpoint and Transient Methodology," presentation slides, marked as proprietary will be withiield 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 consultant 3 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 notified in advance of any public disclosure.

Sincerely, Eileen M. McKenna for/

Thomas H. Essig, Acting Chief Generic issues and Environmental Projects Bronch Division of Reactor Program Management Office of Nuclear Reactor Regulation et: See next page Distribution:

Central File PUBLIC PGEB R/F JRoe TEssig FAkstatewicz MPSiemien, OGC EWang 1

Document name: PS-SLIDS.1210

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NAME EWan w F MPSiemien

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DATE 12if 97 1 ?[t97 12/22/97 12f2Yl97 OFFICLAL RECORD COPY