ML17328A360

Advises That WCAP-12576, Westinghouse Revised Thermal Design Procedure Instrument Uncertainty Methodology for American Electric Power DC Cook Unit 2 Nuclear Power Station (Proprietary), Withheld,Per 10CFR2.790(b)(5)

ML17328A360
Person / Time
Site:	Cook
Issue date:	08/03/1990
From:	Colburn T Office of Nuclear Reactor Regulation
To:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
TAC-75936, NUDOCS 9008090247
Download: ML17328A360 (6)

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UNITED STATES NUCLEAR REGULATORY COMIVIISSION WASHINGTON, D. C. 20555 August 3, 1990 Docket No. 50-316 Mr. R. A. Wiesemann, Manager Regulatory and Legislative Affairs Westinghouse Electric Corporation P.O.

Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

D.

C.

COOK, UNIT NO.

2 - REQUEST FOR WITHHOLDING INFORMA ION FROM PUBLIC DISCLOSURE, CAW-90-037 (TAC NO. 75936)

By your application and affidavit dated May 14, 1990, you submitted WCAP-12576

entitled, "Westinghouse Revised Thermal Design Procedure Instrument Uncertainty Miethodology For American Electric Power D.C.

Cook Unit 2 Nuclear Power Station (Proprietary)"

and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

You stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a)

The information reveals the distinguishing aspects of a process (or component, structure, tool method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse cGI'Istitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a

process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage; e.g.,

by optimization or improved marketability.

(c)

Its use by a competitor would reduce his expenditure of resources or improve his coIiipetitive position in the design, manufacture,

shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production capacities, budoet levels, or commercial strategies of I<estinghouse, its customers or suppliers.

(e) It reveals aspects of past,

present, or future Westinghouse or customer funded development plans arid programs of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

(g) It is not property of Westinghouse, but must be treated as propr ietary by Westinghouse according to agreeIIIents with the owner.

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Nr. Milton Alexich Indiana Michigan Power Company Donald C.

Cook Nuclear Plant CC:

Regional Administrator, Region III U.S. Nuclear Regulatory Comnission 799 Roosevelt Road Glen El lyn, Illinois 60137 Attorney General Department of Attorney General 525 West Ottawa Street Lansing, Michigan 48913 Township Supervisor Lake Township Hall Post Office Box 818 Bridgman, Michigan 49106 Al Blind, Plant Manager Donald C.

Cook Nuclear Plant Post Office Box 458 Bridgman, Michigan 49106 U.S. Nuclear Regulatory Commission Resident Inspectors Office 7700 Red Arrow Highway Stevensville, Michigan 49127 Gerald Charnoff, Esquire Shaw, Pittman, Potts and Trowbridge 2300 ti Street, N.H.

Washington, DC 20037 Mayor, City of Bridgman Post Office Box 366 Bridgman, Michigan 49106 Special Assistant to the Governor Room 1 - State Capitol Lansing, Michigan 48909 Nuclear Facilities and Environmental Monitoring Section Office Division of Radiological Health Department of Public Health 3500 N. Logan Street Post Office Box 30035 Lansing, Michigan 48909 Nr. S. Brewer American Electric Power Service Corporation 1 Riverside Plaza

Columbus, Ohio 43216

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4 We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Westinghouse's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the version of the submitted information 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.

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, or course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

I 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, Timothy Colburn, Project Hanager Project Directorate III-1 Division of Reactor Projects III, IV, V In Special Projects Office of Nuclear Reactor Regulation cc:

See next page DISTRIBUTION L~ocFet File y NRC 8 Local PDRs D. Crutchfield J. Zwolinski J. Partlow P. Shuttleworth T. Colburn OGC ACRS(10)

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