ML19242A750

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Discusses Review of 790424 Application for Withholding Pages 76,77,122,122a & 122b of 790403 Application for Amend to License SNM-1107.Withholding of Application Is Approved (Ref 10CFR2.790)
ML19242A750
Person / Time
Site: Westinghouse
Issue date: 06/07/1979
From: Cunningham R
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Dipiazza R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 7908060140
Download: ML19242A750 (2)


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Westinghouse Electric Corporation ATTil:

fir., Ronald P. DiPiazza, flanager fiES License Administration P. O. Box 355

- Pittsburgh, P.insylvania 15230 Gentlemen:

By letter dated April 3,1979, you transmitted a proprietary portion of the application of the same date for amendment or License Sfd-1107, Docket 70-1151. The proprietary information is given on pages 76, 77, 122, 122a, and 122b and is appropriately marked.

In the letter of April 24, 1979, you transmitted a revised application for withholding of the proprictary information submitted April 3,1979, asking that the proprietary portion be withheld from public disclosure pursuant to 10 CFR 2.790 and providing an affidavit dated February 15, 1977.

In the affadavit you provided your reasons for withholding this information and included the following:

1.

The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

2.

The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational basis for determining the types of information customarily held in confidence by it.

3.

The proprieta'ry informatica, for which protection is sought, represents a sebstantial investment by Westinghouse and has significant present and potential future value to Westinghouse, as it wc id to Westinghouse's competitors.

4.

Ptblic disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of Wes.inghouse, taking into account the value of the information to Westinghouse, the amount of effort and money expended by Wesi.inghouse in developing the information, and considering the ways ir, which the information could be acquired or duplinated by others.

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Mr. R. P. DiPiazza 5.

The information is not available in public sources to the best of Westinghouse's knowledge and belief.

We have reviewed your application and material based on the requirements and critieria of 10 CFR 2.790 and have determined that the above-mentioned documenc sought to be withheld contains trade secrets or confidential or privileged comercial or financial information.

We also have found at this time that the right of the public to be fully appri.;ed as to.the bases for and effects of the proposed licensing action does not outweigh the demonstrated concern for protection of your competi tive position.

Accordingly, we have determined that the information should be withheld from public disclosure.

We therefore approve your request for withholding pursuant to Section '.790 of 10 CFR Part 2 and are withholding pages 76, 77, 122, 122a, anc 122b of your application from public inspection as proprietary.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document. If the need arises, we may send copies of this information to our consultants m-wmiing in this area.

De will, of course, assure that the consultants have signed the appropriate agreements for handling proprietary data.

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Sincerely, N f,C cl fu,2/.!n/ -uu.

Richard E. Cunningham,4)irector Division of Fuel Cycle and Material Safety 7,

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