ML18095A396
| ML18095A396 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 08/07/1990 |
| From: | Stone J Office of Nuclear Reactor Regulation |
| To: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| TAC-76414, TAC-76415, NUDOCS 9008080228 | |
| Download: ML18095A396 (2) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket Nos. 50-272 50-311 Mr. Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Westinghouse Electric Corporation P.O. Box 255 Pfttsburgh, Pennsylvania 15230-0355
Dear Mr. Wiesemann:
August 7, 1990
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, SALEM GENERATING STATION, UNITS 1 AND 2 (TAC NOS. 76414/76415)
By your affidavit dated April 11, 1990, CAW-90-027 and forwarded by Public Service Electric and Gas Co. letter dated June 20. 1990, you stated that certain information provided in Attachment 1 of Public Service Electric and Gas Company's letter dated April 12, 1990, Main Steam Line Break Core Response Limiting Case, is proprietary and you 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:
- 1.
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 constitutes a competitive economic advantage over other companies,
- 2.
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.
- 3.
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
- 4.
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information.sought to be withheld contains trade secrets of proprietary commercial information. Therefore, 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.
' Mr. Robert August 7, 1990 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 of withholding this information from the 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.
cc:
Mr. Steven E. Miltenberger Vice President and Chief Nuclear Officer Public Service Electric and Gas Company Post Office Box 236 Hancocks Bridge, New Jersey 08038 DISTRIBUTION:
Docket Fi le Central File NRC PDR/LPDR PDI-2 Reading BBoger JStone/MThadani WButler CHolzle, OGC RJones, SRXB MO'Brien (2)
Sincerely, Isl James C. Stone, Project Manager Project Directorate I-2 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation