ML19242D800
| ML19242D800 | |
| Person / Time | |
|---|---|
| Site: | 99902079 |
| Issue date: | 09/08/2019 |
| From: | Vechioli L Office of New Reactors |
| To: | Corletti M Westinghouse |
| Vechioli L,NRO/DAR/ARLB,415-6035 | |
| References | |
| Download: ML19242D800 (5) | |
Text
September 08, 2019 Michael M. Corletti Director, New Plants Technologies and Licensing Westinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, PA 16066
SUBJECT:
WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE - RESPONSE ON WESTINGHOUSE EVINCI MICROREACTOR TO NRC REGULATORY ISSUE
SUMMARY
2017-08, PROCESS FOR SCHEDULING AND ALLOCATING RESOURCES FOR FISCAL YEARS 2020 THROUGH 2022 FOR THE REVIEW OF NEW LICENSING APPLICATIONS FOR LIGHT-WATER REACTORS AND NON-LIGHT-WATER REACTORS
Dear Mr. Corletti:
On June 18, 2019, Westinghouse Electric Company (Westinghouse) submitted an affidavit to the U.S. Nuclear Regulatory Commission (NRC), available through the NRC Agencywide Documents Access and Management System Accession No. ML19200A025, requesting that the agency withhold the information contained in the following document from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 2.390, Public Inspections, Exemptions, Requests for Withholding:
Response regarding the Westinghouse eVinci Micro Reactor to NRC Regulatory Issue Summary (RIS) 2017-08, Process for Scheduling and Allocating Resources for Fiscal Years 2020 Through 2022 for the Review of New Licensing Applications for Light-Water Reactors and Non-Light-Water Reactors The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
- The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse and is not customarily disclosed to the public.
- Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justifications and licensing defense services for commercial power reactors without commensurate expenses.
- The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR 2.390, it is to be received in confidence by the Commission.
M. Corletti 2
- The information reveals the distinguishing aspects of a process where prevention of its use by any of Westinghouses competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
- It consists of supporting data, including test data, relative to a process, the application of which data secures a competitive economic advantage.
- Its use by a competitor would reduce the competitors expenditure of resources or improve the competitors competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
- It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers, or suppliers.
- It reveals aspects of past, present, or future Westinghouse- or customer-funded development plans and programs of potential commercial value to Westinghouse.
- It contains patentable ideas, for which patent protection may be desirable.
The NRC staff has reviewed the affidavit and the subject material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the NRC will withhold the versions of the submitted information marked as proprietary from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding the submittals from public inspection will not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, the NRC may send copies of the information to its consultants working in this area. The NRC will ensure that the consultants have signed the appropriate agreements for handling proprietary information.
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, Westinghouse should promptly notify the NRC. Westinghouse 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 Westinghouse information. In all review situations, the NRC will follow applicable laws, regulations, and policies in conducting its review, including the NRCs policies on notifying the owner of information in advance of any public disclosure.
M. Corletti 3 If you have any questions about this matter, please contact me at (301) 415-6035 or via e-mail to Lucieann.VechioliFeliciano@nrc.gov.
Sincerely,
/RA/
Lucieann Vechioli, Project Manager Advanced Reactor Licensing Branch Division of Advanced Reactors Office of New Reactors Project No. 99902079
M. Corletti 4 WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE -
WESTINGHOUSE EVINCI MICROREACTOR TO NRC REGULATORY ISSUE
SUMMARY
(RIS) 2017-2018, PROCESS FOR SCHEDULING AND ALLOCATING RESOURCES FOR FISCAL YEARS 2020 THROUGH 2022 FOR THE REVIEW OF NEW LICENSING APPLICATIONS FOR LIGHT-WATER REACTORS AND NON-LIGHT WATER REACTORS DATED _____________________________
DISTRIBUTION:
Public SLynch LVechioli RidsNroDar Resource RidsNroDarArlb Resource RidsOgcMailCenter Resource ADAMS ACCESSION No.: ML19242D800 NRO-002 OFFICE NRO/DAR NRO/DAR NAME LVechioli SLynch DATE 08/29/2019 09/08/2019 OFFICIAL RECORD COPY