ML20135F846

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Informs That Applicable Portions of Graph Submitted on 961014 Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5)
ML20135F846
Person / Time
Issue date: 02/21/1997
From: Donohew J
NRC (Affiliation Not Assigned)
To: Curet D
SIEMENS POWER CORP. (FORMERLY SIEMENS NUCLEAR POWER
References
TAC-M96355, NUDOCS 9703140175
Download: ML20135F846 (3)


Text

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4 UNITED STATES I

NUCLEAR REGULATORY COMMISSION i

WASHINGTON, D.C. 30666-0001

  • * * * * ,o February 21, 1997 l

I i

i.

Mr. H. Donald Curet

! Product Licensing

, Siemens Power Corporation 1 2101 Horn Rapids Road

. P. O. Box 130 Richland, WA 99352-0130 I

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE IN A MATTER FOR SIEMENS POWER CORPORATION (TAC NO. M96355)

Dear Mr. Curet:

4 i By your letter dated October 14, 1996, and the Siemens Power Corporation (SPC)

affidavit dated October 14, 1996, executed by yourself, you submitted a copy of the graph that was shown in the proprietary portion of the public meeting

, between the Nuclear Regulatory Commission (NRC) and six licensees on i October 16, 1996, and requested that the grtph be withheld from public j disclosure pursuant to 10 CFR 2.790. The October 16, 1996, meeting was held j to discuss changes to the 10 CFR 50.46 large break loss-of-coolant accident

l evaluation model for six pressurized water reactor licensees, and the meeting
summary was issued on November 5, 1996, without the graph.

}

j In the affidavit, SPC stated that the submitted information should be j considered exempt from mandatory public disclosure for the following reasons:

4 "6. The Document contains information which is vital 1

to a competitive advantage of SPC and would be helpful to

{ competitors of SPC when competing with SPC.

i 7. The information contained in the Document is considered to be  !

j proprietary by SPC because it reveals certain distinguishing  !

aspects of SPC licensing methodology which secure competitive

, ' advantage to SPC for fuel design optimization and marketability, l i

i .and includes information utilized by SPC in its business which  !

affords SPC an opportunity to obtain a competitive advantage over / i its competitors who do not or may not know or use the information Oj contained in the document.

8. 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 pq competitive position by giving it valuable insights into SPC licensing methodology and would result in substantial harm to the competitive position of SPC.
9. The Document contains proprietary information which is held in confidence by SPC and is not available in public sources."

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/d/W N Q%NMN J

l 4 Mr. H. Donald Curet  !

! We have reviewed your application and the material in accordance with the i requirements of 10 CFR 2.790 and, on the basis of the statements in your letter, have determined that the submitted information sought to be withheld contains proprietary commercial information.

Therefore, the applicable portions of the document marked as proprietary will i 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 disclosure shall not affect the right, if any, of j j 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 l
this area. We will, of course, ensure that the consultants have signed the  ;

y 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 l i 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 l

. future, for example, if the scope of a Freedom of Iriformation Act request )

{ includes this ir. formation. In all review situations, if the NRC makes a j i

determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, 1

N I i Jack N. Donohew, Senior Project Manager i

Project Directorate IV-1 3 Division of Reactor Projects III/IV Office of Nuclear Reactor Regulation ,

i i Docket No. W '

I i -

l 9

J

V Mr. H. Donald Curet We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of the statements in your letter, have determined that the submitted information sought to be withheld contains proprietary commercial information.

Therefore, the applicable portions of the document 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 disclosure 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 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. 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 this 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:

Jack N. Donohew, Senior Project Manager Project Directorate IV-1 Division of Reactor Projects III/IV Off. ice of Nuclear Reactor Regulation DJSTRIBUTl0N:

TDocket Fi'e~ PUBLIC PD4-1 r/f J. Roe E. Adensam (EGAl) J..Donohew W. Beckner C. Hawes > - .M. Siemien 0GC (15818)

A. Levin ,

SRXB r/f 'J.' Dyer, RIV Document Name: GG96355.LTR 4 0FC PM/UIR (A)LA/PD4-1 D/PD4-1 J, SC/SRXB/ OSSA OGC Ahh NAME JDgM N /vw C'HawesOll)d WBeckn[ Ale M MSieSien DATE h7/97 Q/M/97 N N 97 Y kh ) A /k97 COPY MNO YES/NO YES[N0 YES/h) /NE3/N0 g

'~~

0FFICIAL RECORD COPY M2

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