ML12213A559
| ML12213A559 | |
| Person / Time | |
|---|---|
| Site: | Boiling Water Reactor Owners Group |
| Issue date: | 08/10/2012 |
| From: | Joe Golla Licensing Processes Branch (DPR) |
| To: | Schiffley F GE-Hitachi Nuclear Energy Americas |
| Golla J | |
| References | |
| Download: ML12213A559 (3) | |
Text
August 10, 2012 Frederick P. Ted Schiffley, II c/o GE Hitachi Nuclear Energy P.O. Box 780 3901 Castle Hayne Road, M/C A-70 Wilmington, NC 28402
SUBJECT:
BOILING WATER REACTOR OWNERS GROUP (BWROG) REQUEST FOR WITHOLDING INFORMATION FROM PUBLIC DISCLOSURE
Dear Mr. Schiffley:
By letter dated April 20, 2012, you submitted an affidavit dated March 22, 2012, executed by Mr. Edward D. Schrull. In that affidavit you requested that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:
ASubmittal of Batch 1 Responses to RAIs Associated with Boiling Water Reactor Owners Group (BWROG) Licensing Topical Report NEDC-33608P, Boiling Water Reactor Emergency Core Cooling Suction Strainer In-Vessel Downstream Effects.
A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission=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 from mandatory public disclosure for the following reasons:
(4)
Some examples of categories of information which fit into the definition of proprietary information are:
- a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH=s competitors without license from GEH constitutes a competitive economic advantage over other companies;
- b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product;
- c. Information that reveals aspects of past, present, or future GEH customer-funded development plans and programs, resulting in potential products to GEH;
- d. Information that discloses trade secret and/or potentially patentable subject matter for which it may be desirable to obtain patent protection.
F. Schiffley The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a. and (4)b. above.
We have reviewed your application and the material in accordance with the requirements of 10 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 from public 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 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.
If you have any questions regarding this matter, I may be reached at 301-415-1002.
Sincerely,
/RA/
Joseph A. Golla, Project Manager Licensing Processes Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Project No. 691
ML12213A559 NRR-106 OFFICE DPR/PLPB/LA DPR/PLPB/PM DPR/PLPB/BC NAME DBaxley JGolla JJolicoeur DATE 8/7/2012 8/8/2012 8/9/2012