ML20196H794
| ML20196H794 | |
| Person / Time | |
|---|---|
| Issue date: | 07/01/1999 |
| From: | Jankovich J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Fulton J PICKER INTERNATIONAL, INC. |
| References | |
| SSD, NUDOCS 9907060477 | |
| Download: ML20196H794 (3) | |
Text
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g j UNITED STATES NUCLEAR REGULATORY COMMISSION 2 WASHINGTON, D.C. 20066-0001 4
9 . . . . . ,o i July 1, 1999 Mr. James M. Fulton Vice President and General Manager Picker International, Inc.
Nuclear Medicine Division 595 Miner Road Cleveland, Ohio 44143
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE i
Dear Mr. Fulton:
In a letter of Picker international, Ltd., Nuclear Medicine Division (Picker International) dated May 19,1999, you submitted an application for registration of the Model Beacon attenuation correction device. Picker International delineated, in an affidavit dated May 20,1999, which is l part of your application letter and was executed by you, the technical drawings of the l application, listed below, that contained proprietary information.
Picker International stated that these drawings should be considered exempt from mandatory public disclosure for the following reasons:
l 1. The technical drawings, designated in the application with the stamp " Proprietary,"
contain trade and commercialinformation regarding design and fabrication of the Beacon devices which, if released, would cause irreparable commercial harm to Picker International by providing competitors access to designs and fabrication procedures developed at considerable cost.
l 2. The engineering drawings are considered proprietary by Picker International and are I held in confidence with release only on a need to know basis.
l 3. The engineering drawings for all new products such as the Beacon device are held in confidence until such time that the competitors' products reaching the marketplace negate the need. Early release would deny Picker International a competitive advantage that took considerable time and expense to achieve.
- 4. The information is not available in public sources.
We have reviewed Picker international's application in accordance with the requirements of 10
' CFR 2.799 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information.
9907060477 990701 PDR RC
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- I I Mr. James M. Fulton 2
. Therefore, the drawings in Picker Intemational's application, dated May 19,1999, which were delineated in your affidavit, 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 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 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 also should understand that the NRC may have cause to review I
- 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 abcve, you will be notified in advance of any public disclosure.
Sincerely, m {D 4 dit hn P. Jan ovich, Ph.D., Sr. Engineer Materials Safety and Inspection Branch !
Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety l
and Safeguards
(
Drawings Designated as Proprietary, Nos.:
104627/Rev.1 140651/Rev.1 211153/Rev.1 211154/Rev.1 500133/Rev. A 104615/Rev. 4 4 104795/Rev.1 104626/Rev. 3 104625/Rev.1 104730/Rev. 2 104812/Rev. 5 104612 REF.
104612-FAN /Rev. 5 211152/Rev.1 104756/Rev.1 104755/Rev.1 104623/Rev.1 104768/Rev.1 l
104767/Rev.1 104630/Rev.1 l
i
9 l
) Mr. James M. Fulton 2 Therefore, the drawings in Picker international's application, dated May 19,1999, which were delineated in your affidavit, 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 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 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 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.
Sincerely.
(orig . signed by)
John P. Jankovich, Ph.D., Sr. Engineer Materials Safety and inspection Branch Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards ,
Drawings Designated as Proprietary, Nos.:
104627/Rev.1 140651/Rev.1 211153/Rev.1 211154/Rev.1 500133/Rev. A 104615/Rev. 4 104795/Rev.1 104626/Rev. 3 104625/Rev.1 104730/Rev. 2 104812/Rev. 5 104612 REF.
104612-FAN /Rev. 5 211152/Rev.1 104756/Rev.1 104755/Rev.1 104623/Rev.1 104768/Rev.1 104767/Rev.1 104630/Rev.1
)
Distribution:
SSSS r/f SSD-99-40 NE01 h
DOCUMENT NAME: G:\Jankovich\ Picker To receive a copy of this document, indicate in the box: 'C' = Copy without attachment' enclosure *E" = copy with attachment / enclosure *N" = Np qopy ,
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OFFICE IMAB [l[ C OGC 2 l l NAME JJankovidb/j[ MPEiemierf YO[
DATE 6FM/99 t 3/M99 OFFICIAL RECORD COPY I
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