ML20199H999

Informs That Proprietary Rept BAW-10229P, Mark B-11 Fuel Assembly Design Topical Rept, Will Be Withheld from Public Disclosure,As Requested by 970930 Affidavit

ML20199H999
Person / Time
Issue date:	11/20/1997
From:	Birmingham J NRC (Affiliation Not Assigned)
To:	Taylor J FRAMATOME
References
PROJECT-693 NUDOCS 9711280013
Download: ML20199H999 (3)

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UNITED STATES-

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NUCLEAR REGULATORY COMMISSION -

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-November 20, 1997i i

Mr. J._ H. Taylor, Manager

! Licensing Services Frematome Technologies Inc P.O. Box 10935 i

Lynchburg, VA 2'4506-0935 U

SUBJECT:

FRAMATOME TECHNOLOGIES INC. (FTI) REQUEST TO WITHHOLD PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

' Dear Mr. Taylor.-

By letter dated September 30,1997, FTl submitted proprietary Report BAW-10229P, ' Mark B-4

' 11 Fuel Assembly Design Topical Report," and nonproprietary Report BAW-10229. Enclosed l

wts an affidavit, dated September 30,1997, stating that certain information in Report BAW--

510229P was considered proprietary by FTl and requesting that the propnetary information

~ should be withheld from public disclosure. The affidavit referenced:

Exhibit A: FTl Topical Report BAW-10229P, " Mark B-11 Fuel Assembly Design Topical Report," dated September 1997.

Exhibit B: Statement that Exhibit A contains information considered proprietary by FTl e

in accredance with criteria b, c and d of the attached affidavit.

The affidavit stated that this information has been held in confidence by the B&WOG and should be considered exempt from mandatory public disclosure for the following reasons:

(a)

. The information reveals data or material conceming the FTl research or development plans or programs of present or potential competitive advantage to FTI.

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-(b)

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

3-(c)

The information consists of test data or similar data concoming a process, method, component, the application of which results in a competitive advantage to FTI.

HWe have reviewed the submitted material in accordance with the requirements of 10 CFR 2.790 0

and, on the basis of statements by you, have determined that the submitted information sought

to bel withheld does contain' proprietary commercial information.'

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2 November 20.-1997 J. Taylor

. Therefore, we have determined that Exhibit A, which is marked as propnetary, 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 ameMed We have also determined that Report BAW 10229, containing the nonpropnetary information in Report BAW-10229P, should be placed in the NRC Public Document Room.

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 propnetary 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 Nuclear Regulatory Commission. 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 Informatic t 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 public disclosure.

If you have any questions regarding this matter please contact me by phone 301/415-2829 or email jib 4@nrc. gov, Sincerely, 4

M

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[fosepNin. Birmingham, Project M1 Generic Issues and Environment Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation Project No. 693 cc: Mr. F. McPhatter, Manager Framatome Cogema Fuels 3315 Old Forest Road --

- P.O. Box 10935 1.ynchburg, VA 24506-0935

(

f J. Taylor 2

November 20, 1997 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 Section 103(b) of the Atomic Energy Act of 1954, as amended. We have also determined that Report BAW-10229, containing the nonproprietary information in Report BAW-10229P, should be placed in the NRC Public Document Room.

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 niay send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signeo 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 Nuclear Regulatory Commission. 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, 'f the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of puHic disclosure.

If you have any questions regarding this matter pleas.: contact me by phone 301/415-2829 or email jlb4@nrc. gov.

Sincerely, Frank Akstulewicz for/

Joseph L. Birmingham, Project Mgr.

Generic Issues and Environmental Projects Branch Office of Nuclear Reactor Regulation Division of Reactor Program Management Project No. 693 cc: Mr. F. McPhatter, Manager Framatome Cogema Fuels 3315 Old Forest Road P.O. Box 10935 Lynchburg, VA 24506-0935 DISTRIBUTION:

' Docket File PUBLIC JBirmingham LPhillips PGEB r/f TCollins FAkstulewicz SRXB r/f TEssig JRoe OGC ACRS Document Name: G:\\JLB\\10229P.WPD To receive a copy of this document, indicate in the box i"C = Copy without enclosures "E" = Copy with enclosures "N" = No cop / L OFFICE - PGEB Y U OGC U

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NAME JBirmingham:sw MPSiemien (@ FAkst4wicz TEssiff 1l /3 /97 g/w/n 0

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