ML20129F506

Advises That Info Submitted in 960109 Rept Entitled, Panther/Ic Apparent Test Results Phase 3, Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of AEC of 1954

ML20129F506
Person / Time
Site:	05200004
Issue date:	10/03/1996
From:	Son Ninh NRC (Affiliation Not Assigned)
To:	Quinn J GENERAL ELECTRIC CO.
References
NUDOCS 9610040164
Download: ML20129F506 (3)

Text

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, g UNITED STATES j g j- NUCLEAR REGULATORY COMMISSION

1. WASHINGTON D.C. 30006 e001 l i

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l October 3, 1996 J 4

l I 1'

j Mr. James E. Quinn, Projects Manager l LMR and SBWR Programs j

GE Nuclear Energy 175 Curtner Avenue, M/C 165 San Jose, California 95125 1 l

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, G

{ ELECTRIC (GE) PANTHERS /IC APPARENT TEST RESULTS (ATRs) i

Dear Mr. Quinn:

l i

By your letter dated January 9,1996, you submitted the subject ATRs and 1

requested that they be withheld from public disclosure. This request was made in accordance with 10 CFR 2.790 and is supported by affidavit, executed by George B. Stramback, dated January 9, 1996, which claims in part that the information identified by bar in the right-side margins is classified as

} proprietary because it contains detailed results of the Simplified Boiling a

Water Reactor (SBWR) tests.

ment by GE and its associates for more than seven years, at a total co tens of millions of dollars. In addition, the affidavit identifies the following reasons for maintaining the information as proprietary:

1. Information that discloses a supporting data and analyses, process, where preventionmethod, or of apparatus, including its use by General

!~ Electric's competitors without license from General Electric constitutes a j

competitive economic advantage over other companies;

! 2.

i Information which, if used by a competitor, would reduce his expenditures i

of resources or improve his competitive position in the design, manufac-

ture, shipment, similar product; installation, assurance of quality, or licensing of a

3. Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electric. 1 We have reviewed your letter and the material in accordance with the require-ments of 10 CFR 2.790 and, on the basis of your statements, have determined that the subject ATRs contain trade secrets or proprietary commercial informa-tion. Therefore, the subject " PANTHER /IC Apparent Test Results (ATRs),

phase 3," dated January 9,1996, will be withheld from public disclosure  ;

pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of l 1954, as amended. However, the staff requests that GE submit nonproprietary  !

versions of these ATRs to the Nuclear Regulatory Commission (NRC) within 30 days from the day of this letter. i l

J" ui '

MRC 3.E CENTS M g p, s1-7 ( .

9610040164 961003 4 PDR ADOCK 0520

L.

Mr. James E. Quinn October 3, 1996 Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document. If the need l 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, for example, if the scope of a Freedom of Information Act request

, included your information. In all review situations, if the NRC needs additional. information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

i Sincerely, original signed b : Theodore R.' Quay Son Q. Ninh,' Project Manager- l Standardization Project Directorate _._

l Division of Reactor Program Management l l Office of Nuclear Reactor Regulation l Docket No.52-004 cc: See next page 1

l DISTRIBUTION:

Docket File PDST R/F TMartin PUBLIC BGrimes TQuay DScaletti WDean, EDO EJordan, T-4 D18 JMoore, 0-15 B18 ACRS (11) :MPSiemien, 0-15 B18 i DOCUMENT NAME: A: PROP-GE.59 (3C SBWR DISK)

Ta semelve a sepy of tede desesnient,inesses in the ben: "C" = Copy without attachment / enclosure 'k' = Copy with attachment / enclosure "N* = No copy 0FFICE PMfPDST:DRPM l PM:PDST:DRPM.] OGC C D:PDST:DRPM l l NAME SQNjnh:sg DCScaleti#W MPSiemien nf'i TRQuay TVkt DATE 09///96 09/T)/96 W $$/!/96 t0f/ 3 /96 OFFICIAL RECORD COPY l

P l

Mr. James E. Quinn Docket No.52-004 GE Nuclear Energy i cc: Mr. Rob Wallace Mr. Brian McIntyre i GE Nuclear Energy Westinghouse Electric Corporation l 1299 Pennsylvania Avenue, N.W. Energy Systems Business Unit Suite 1100 Box 355 l Washington, DC 20004 Pittsburgh, PA 15222 l Director, Criteria & Standards Division l Office of Radiation Programs U.S. Environmental Protection Agency 401 M Street, S.W.

Washington, DC 20460 Mr. Sterling Franks U.S. Department of Energy NE-42 Washington, DC 20585 Mr. Robert H. Buchholz GE Nuclear Energy 175 Curtner Avenue, MC-781 San Jose, CA 95125 Mr. Steven A. Hucik GE Nuclear Energy 175 Curtner Avenue, MC-780 i San Jose, CA 95125 l 1

I Mr. Tom J. Mulford, Manager SBWR Design Certification Eleictric Power Research Institute 3412 Hillview Avenue Pr.lo Alto, CA 94304-1395 1

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