ML041280129
| ML041280129 | |
| Person / Time | |
|---|---|
| Site: | 07109310 |
| Issue date: | 05/05/2004 |
| From: | Brown S NRC/NMSS/SFPO |
| To: | Charette M NRC/NMSS/SFPO |
| Brown S 301-415-8531 | |
| References | |
| -RFPFR, TAC L23617 | |
| Download: ML041280129 (3) | |
Text
May 5, 2004Mr. Marc-André CharetteRegulatory Affairs Senior Associate MDS Nordion 447 March Road Ottawa, ON K2K 1X8
Canada
SUBJECT:
MDS NORDION, REQUEST FOR WITHHOLDING INFORMATION FROMPUBLIC DISCLOSURE FOR THE SAFETY ANALYSIS REPORT FOR THE F-431 TRANSPORT PACKAGE (TAC L23617)
Dear Mr. Charette:
By letter dated April 16, 2004, MDS Nordion submitted an affidavit dated April 16, 2004,executed by Mr. E. S. Martell requesting that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:MDS Nordion's document No. IN/TR 1913 F-431 (2), "F-431 Transport PackageSafety Analysis Report"A nonproprietary copy of this document has been placed in the Nuclear RegulatoryCommission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.The affidavit stated that the submitted information should be considered exempt frommandatory public disclosure for the following reasons: The information contained in the MDS Nordion's document No. IN/TR 1913 F-431 (2),"F-431 Transport Package Safety Analysis Report," is the property of MDS Nordion.
This document contains proprietary information related to the design of the F-431 transport package.MDS Nordion has expended extensive funds and manpower in developing theaforementioned document and any release for disclosure of such information to third parties would enable and assist third parties to use the information to fabricate and register a similar transport package without incurring any development costs. This could compromise MDS Nordion's ability to compete in the marketplace.The information has been held in confidence by MDS Nordion, and any disclosurethereof for developmental purposes, has been accompanied by a confidentiality agreement protecting the trade secrets contained herein.The information has been transmitted to and received by the Nuclear RegulatoryCommission in the United States in confidence.
Marc-André Charette-2-This information is not available in public sources.We have reviewed your application and the material in accordance with the requirements of10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the version of the submitted information marked as proprietary will be withheld frompublic disclosure pursuant to 10 CFR 2.390(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 anddirectly 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 inspection should change in the futuresuch 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 301-415-8531. Sincerely, /RA/Stewart W. Brown, Senior Project ManagerLicensing Section Spent Fuel Project Office Office of Nuclear Material Safety and SafeguardsDocket No. 71-9310 cc: Mr. E. S. Martell, MDS Nordion
This information is not available in public sources.We have reviewed your application and the material in accordance with the requirements of10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the version of the submitted information marked as proprietary will be withheld frompublic disclosure pursuant to 10 CFR 2.390(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 anddirectly 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 inspection should change in the futuresuch 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 301-415-8531. Sincerely,/RA/Stewart W. Brown, Senior Project ManagerLicensing Section Spent Fuel Project Office Office of Nuclear Material Safety and SafeguardsDocket No. 71-9310 cc: Mr. E. S. Martell, MDS NordionML041280129DISTRIBUTION
- PUBLICNRC File CenterDocket File 71-9310R. TempsS. Baggett R. Bellamy, ID. Collins, IIJ. Madera, III B. Spitzberg, IVL. Psyk (NMSS GAP Coordinator)C:\ORPCheckout\FileNET\ML041280129.wpd* previously concurred OFCSFPOESFPOCOGC*SFPONAMESBrown*MDeBose*JMonningerDATE04/19/0404/20/0404/27/0405/ 05 /04C = COVERE = COVER & ENCLOSUREN = NO COPYOFFICIAL RECORD COPY