ML20135C639

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Advises That Info Submitted in Re Proprietary Version of Accepted Rept BAW-10168,Rev 3, Bwnt LOCA Evaluation Model for Recirculating SG Plants, Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5)
ML20135C639
Person / Time
Issue date: 02/28/1997
From: Birmingham J
NRC (Affiliation Not Assigned)
To: Taylor J
FRAMATOME
References
PROJECT-693 NUDOCS 9703040194
Download: ML20135C639 (4)


Text

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uxuq y i (,t g *g UNITED STATES

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U S NUCLEAR REGULATORY COMMISSION  !

i-WASHINGTON, D.C, 30806 4 001 k February 28, 1997 l

s Mr. J. H. Taylor, Manager '

Licensing Services  ;

Framatome Technologies Inc.

P.O. Box 10935  !

i Lynchburg, VA 24506-0935  ;

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR FRAMATOME TECHNOLOGIES LETTER OF JANUARY 31, 1997

Dear Mr. Taylor:

By letter dated January 31, 1997, you submitted proprietary and nonproprietary  !

versions.of accepted Report BAN-10168, Revision 3, "BWNT Loss-of-Coolant i Accident Evaluatin Model for Recirculating Steam Generator Plants," regarding  !

the generic small and large break models used for evaluating emergency core e cooling system performance following loss-of-coolant accidents. With that i letter you submitted an affidavit, dated January 31, 1997, pertaining to the J following: l Exhibit A: BAW-10168P, Revision 3, "BWNT Loss-of-Coolant Accident {

Evaluation Model for Recirculating Steam Generator Plants," and, >

Exhibit B: Statement that Exhibit A contains information considered proprietary by Framatome Technologies Inc. in accordance with criteria b, c, and d of the attached affidavit.

You requested that certain identified information in Exhibit A be considered proprietary and be withheld from public disclosure pursuant to 10 CFR 2.790.

The enclosed affidavit from you stated that this information has been held in confidence by Framatome Technologies Inc. and should be considered exempt from mandatory public disclosure for the following reasons:

(a) The information reveals data or material concerning FTI research or development plans or programs of present or potential competitive l advantage to FTI.

(b) The use of the information by a competitor would decrease its expenditures, in time or resources, in designing, producing or marketing a similar product.

(c) The information consists of test data or similar data concerning a process, method, component, the application of which results in a '

c competitive advantage to FTI.

pp 7 We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of statements by FTI, have )

determined that the submitted information sought to be withheld does contain Q trade secrets or proprietary commercial information.  !

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!e Therefore, we have determined that information in Exhibit A, which is 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.

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Withh'lding o from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need  ;

i 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.

1

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 Nuclear Regulatory Commission (NRC). You should also understand that NRC may have cause to

. review this determination in the future if, for example, 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.

If you have any questions regarding this matter please contact Mr. Birmingham by phone 301/415-2829 or email jlb49nrc. gov.

Sincerely, dw Joseph L. Birmingham, Project Mgr.

Generic Issues and Environmental Projects Branch Office of Nuclear Reactor Regulation Project No. 693 4

9 l

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, . i

l.  !

Therefore, we have determined that Exhibit A, which is marked as proprietary,  ;

will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and 1 Section 103(b) of the Atomic Energy Act of 1954, as amended. )

l i

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. I 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 Nuclear Regulatory Commission (NRC). You should also understand that NRC may have cause to review this determination in the future if, for example, 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 i

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

4 4

If you have any questions regarding this matter please contact Mr. Birmingham by phone 301/415-2829 or email jlb49nrc. gov.

Sincerely, Origital Signed By

. Joseph L. Birmingham, Project Ngr.

Generic Issues and Environmental Projects Branch  !

Office of Nuclear Reactor Regulation l b
Project No. 693 DISTRIBUTION:

4 Docket File PUBLIC JBirmingham PGEB r/f TMartin FAkstulewicz DMatthews RArchitzel AThadani OGC ACRS JLyons Document Name: G:

OFFICE OGC

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PGEB:DRPM SC/PC B:DRPM C/PGEB:DRPM NAME MPSi en JLBirmin . FAksY lewicz DBMatthews

DATE 02/3N97 02/2.7/97 02/g /97 02/3/97 1

0FFICIAL RECORD COPY W -

cc: See next page i

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B&W Owners Group Project No. 693 '

Mr. Robert W. Keaten, Chairman Mr. W. W. Foster, Chairman B&WOG Executive Committee B&WOG Steering Committee Vice President & Director of Director of Safety Assurance Technical Functions Duke Power Company GPU Nuclear Corporation Oconee Nuclear Station One Upper Pond Road PO Box 1439 Parsippany, NJ 07054 Seneca, SC 29679 Mr. R. B. Borsum, Manager Mr. J. H. Taylor, Manager Rockville Licensing Operations Licensing Services Framatome Technologies, Inc. Framatome Technologies, Inc.

1700 Rockville Pike, Suite 525 P.O. Box 10935-Rockville, MD 20852-1631 Lynchburg, VA 24506-0935 s