Part 21 Report - 1997-264

 
 

ACCESSION #: 9705090194



                             Victoreen, Inc.



VICTOREEN                                         April 29, 1997



U.S. Nuclear Regulatory Commission

Document Control Center

Washington, DC 20555



Reference:1. Fax to the NRC 3/26/97

               Notification and Noncompliance  (10 CFR 21, Model 530

               Electrometer)

          2. Fax to the NRC 4/01/97     (Electrometer data sheet)

          3. Fax to the NRC 4/10/97     (Utility Customer list)

          4. Fax to the NRC 4/11/97     (Corrective action and close

                                        out report)

          5. Fax to the NRC 4/16/97     (Application and affidavit,

                                        10 CFR 2.790)



Subject:  Affidavit for the withholding of confidential commercial

          information from Public disclosure in accordance with 10 CFR

          2.790; Accession # 9704230295.



To Whom It May Concern,



Pursuant to the above referenced notification, this letter is in response

to your request for a properly executed affidavit in accordance with 10

CFR 2.790 Public inspections, exemptions, requests for withholding.  The

enclosed affidavit should be attached to our letter and Customer list of

Medical facilities dated April 16, 1997.



                                        Linda S. Nash



                                        Corporate Director

                                        Regulatory Affairs & Q.A.



                            6000 Cochran Road

                       Cleveland, Ohio 44139-3395

                             (210) 248-9300

                           FAX (216) 248 9301

                           DATA 1216) 248-9043



                             Victoreen, Inc.



                                AFFIDAVIT

I, Charles C. Francisco, being duly sworn, depose and state as follows:



1)   I am President and Chief Executive Officer for Victoreen, Inc.  and

     have reviewed the information described in paragraph (2) which is

     sought to be withheld, and hereby request withholding.



2)   The information sought to be withheld is contained in a document

     submitted to the U. S. Nuclear Regulatory Commission Document

     Control Center, in confidence, on April 16, 1997.  This information

     is a proprietary Victoreen, Inc.  listing of customers, complete

     with names and addresses, for our Model 530 Electrometer.  Said

     document is stamped by Victoreen as "Confidential."



3)   In making this application for withholding of Victoreen proprietary

     information, Victoreen relies on the exemption from disclosure set

     forth in NRC regulation 10 CFR 2.790(b)(4) where the information

     sought to be withheld from public disclosure is "confidential or

     privileged commercial information."



4)   Victoreen, Inc. is the owner of the document identified in paragraph

     2 above.



5)   The information sought to be withheld in paragraph 2 above is the

     type of information customarily held in confidence by Victoreen,

     actually has been held in confidence by Victoreen, and it is not

     available in public sources.  All disclosure to third parties

     including any required transmittals to NRC, have been made pursuant

     to regulatory provisions or proprietary agreements which provide for

     maintenance of information in confidence.



6)   Public disclosure of the Victoreen, Inc. customer listing is likely

     to cause substantial harm to Victoreen's competitive position and

     foreclose or reduce the availability of profit-making opportunities.

     Consideration as to the amount of effort and required expense

     expended by Victoreen in the development of this customer listing

     should be made.  Victoreen's competitive advantage will be lost if

     its competitors are able to contact the customers directly and

     exacerbate the situation Victoreen is now attempting to correct.

     Making such information available to competitors without their

     having been required to undertake a similar expenditure of resources

     would unfairly provide competitors with a windfall.



                                    1



STATE OF OHIO       )

                    )    ss:

COUNTY OF CUYAHOGA  )



Charles C. Francisco, being duly sworn, deposes and says:

That he has read the foregoing affidavit and the matters stated therein

are true and correct to the best of his knowledge, information and

belief.



Executed at Solon, Ohio, this      day of April, 1997.



                                   Charles C. Francisco,

                                   Victoreen, Inc.



Subscribed and sworn before me this     day of April, 1997.



                                   Notary Public, State of Ohio



RICHARD L. MICHEL, Notary Public

State of Ohio, Cuyahoga County

My Commission expires Feb.  24, 1999



                                    2



*** END OF DOCUMENT ***