ML20133G926

Advises That Info Contained in Ltr Dtd 961223 Will Be Withheld from Public Disclosure Ref 10CFR2.790,per Request

ML20133G926
Person / Time
Site:	Trojan  File:Portland General Electric icon.png
Issue date:	01/14/1997
From:	Haughney C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Mcsherry A SIERRA NUCLEAR, INC.
References
TAC-L22102, NUDOCS 9701160225
Download: ML20133G926 (3)

Text

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i j y i UNITED STATES 1

g j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20606 4001 o

***** January 14, 1997 i '

Mr. Arthur J. McSherry, President

Sierra Nuclear Corporation i One Victor Square l Scotts Valley, CA 95066 j

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION (TAC NO. L22102)

Dear Mr. McSherry:

i A letter from Portland General Electric Compny dated December 23, 1996,

! (VPN-085-96), contained an affidavit executed December 20, 1996, from Sierra-l Nuclear Corporation (SNC). The SNC affidavit requested that information

! provided in response to a Nuclear Regulatory Commission staff request for additional information and referenced in Attachment VI to the PGE letter be I withheld from public disclosure pursuant to 10 CFR 2.790. The information in

Attachment VI contains calculations, drawings, and documents that are l considered trade secrets and privileged information by SNC.

The affidavit states that the submitted information should be withheld from l public disclosure for the following reasons

i

1. The information contained within the proprietary material is calculated i

data, results of design calculations, component design details, and critical dimensions that were developed by SNC. This type of f

information is normally held in confidence by those who invest time and money in its development.

i

! 2. The information contained within the proprietary material has been and

is being held in confidence by SNC, and the information that is being

! claimed as trade secrets and privileged information is not available in l public sources.

3. SNC has invested a considerable amount of time, engineering labor, and

money in the development of the information. Public disclosure of this ,

i information would cause substantial harm to SNC's competitive position. ,

1 Others, seeking to design similar storage cask systems, would have to l make similar investments to develop the information on their own, as long as the information is not disclosed to the public. 'O  !

] Based on your affidavit, our: review of the above listed documents, and the /{/

requirements of 10 CFR 2.790, we have determined that the above listed 1

documents should be withheld from public disclosure pursuant to 10 CFR 2.790. )

. It is the policy of the Commission to achieve an effective balance between l l legitimate concerns for protection of competitive positions and the right of the public to be fully apprised of the basis for and effects of licensing and

rulemaking actions.

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Mr. A. McSherry Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned 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.

If the basis for withholding this information from public disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. Please be advised 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 withheld 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.

Sincerely, Original signed by /s/

Charles J. Haughney, Acting Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards DocketNo.72-17(bO-344) cc: Service List '

DISTRIBUTION:

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cc:

i Mr. Stephen M. Quennoz, Trojan Site Executive I

and Plant General Manager Portland Genera.1 Electric Company Trojan Nuclear Plant

! 71760 Columbia River Highway Rainier, OR 97048 Chairman Board of County Commissioners Columbia County St. Helens, OR 97501 Mr. David Stewart-Smith Administrator, Energy Resources Division Oregon Department of Energy 625 Marion Street, NE Salem, OR 97310 Regional Administrator, Region IV U. S. Nuclear Regulatory Commission Harris Tower and Pavillion 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 Mr. H. Ray Pate Manager, Licensing, Compliance and Commitment Management Trojan Nuclear Plant 71760 Columbia River Highway Ranier, OR 97048 Mr. Lloyd K. Marbet 19142 S.E. Bakers Ferry Road Boring, OR 97009 Mr. Jerry Wilson Do It Yourself Committee 570 N.E. 53rd Hillsboro, OR 97124 Mr. Eugene Rosolie Northwest Environmental Advocates 302 Haseltine Building 133 S.W. 2nd Avenue Portland, OR 97204