ML19310A198

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Advises That Caw 79-37 Will Be Withheld from Public Disclosure Per 10CFR2.790.Document Is Part of Package Sent by Util on 791120 Representing Detailed Technical Audit of Fuel Design
ML19310A198
Person / Time
Site: South Texas  STP Nuclear Operating Company icon.png
Issue date: 05/22/1980
From: Schwencer A
Office of Nuclear Reactor Regulation
To: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 8006060259
Download: ML19310A198 (3)


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UNITED STATES

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g..v...f Docket Nos. STN 50-498 W 2 2 1980 and STN 50-499 Mr. R. A. Wiesemann, Manager Regulatory and Legislative Affairs Westinghouse Electric Corporation P. O. Box 355 Pittsburgh, Pennsylvania 15230

Dear Mr. Wiesemann:

SUBJECT:

WITHHOLDING FROM PUBLIC DISCLOSURE - CAW 79 SOUTH TEXAS PROJECT, UNITS 1 AND 2 By letter, dated November 20, 1979, the Houston Lighting and Power Company (applicant for the South Texas Project) submitted thermal and hydraulic design data, in the form of tables, which represent a detailed technical audit of the fuel design of the South Texas plant. The information was submitted in support of a reply to NRC Question 221.2 which was contained in a letter, dated April 2, 1979, to the applicant requesting additional information.

The applicant requested that the above referenced information, which is proprietary to the Westinghouse Electric Corporation, be withheld from public disclosure in accordance with 10 CFR Section 2.790.

In support of the request, the applicant provided an application and an affidavit signed by you and requested that correspondence relating to the application for withholding be addressed to you.

Your reason for requestinq our withholding this information from public disclosure is that it is the type customarily held in confidence by Westinghouse and not ordinarily disclosed to the public. Also, release of this information to the public is likely to cause substantial harm to the competitive position of Westinghouse by revealing the basis of the fuel thermal-hydraulic design for South Texas and similar plants and is of competitive value because of the large amount of effort and money expended to develop this design. Furthermore, release of this information to the public would give competitors an advantage by utilizing designs developed by Westinghouse at an expense of labor and money.

We have review 2d your application and material based on the requirements and criteria of 10 CFR 2.790 and have determined that the above-mentioned document sought to be withheld contains trade secrets (,r proprietary commercial information.

8006060Q Q

Mr. R. A. Wiesemann, Manager W22 q We also have found at this time that the right of the public to be fully apprised as to the bases for and effects of the proposed action does not outweigh the demonstrated concern for protection of your competitive position.

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

We therefore. approve your request for withholding pursuant to Section 2.790 of 10 CFR Part 2 and are withholding the reply to NRC Question 221.2 from public disclosure as proprietary. A non-proprietary version of the reply to NRC Question 221.2 has been placed in the public document room for inspection by interested members of the public.

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, assure that the consultants have signed the appropriate agreements for handling proprietary data.

If the basis for withholding this information from public inspection should change in the future such that the infomation could then be made available for public inspection, you should promptly notify the NRC.

Sincerely lM W &

A. Schwencer, Chief Licensing Branch No. 2 Division of Licensing cc: See next page

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k N 2 2 1980 Mr. J. A. Jones y

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Executive Vice President - Engineering Construction and Operations Carolina Powr & Light Com.any 336 Fayetteville Street Raleigh, North Carolir. 27602 cc: George F. 7 owbridge, Esq.

M. David Gordon Shaw, Pittsan, Potts, Attorney Associate General Trowbridje & Madden State of North Carolina 1800 M Street, N. W.

P. O. Box 629 Washington, D. C.

20036 Raleigh, North Carolina 27602 Richard E. Jones, Esq.

Wake County Public Library Associate General Counsel 104 Fayetteville Street Carolina Power & Light Company Raleigh, North Carolina 27601 336 Fayetteville Street Raleigh, North Carolina 27602 Ivan W. Smith, Chairman Atomic Safety and Licensing Board Panel Thomas S. Erwin, Esq U. S. Nuclear Regulatory Comission 115 W. Morgan Street Washington, D. C.

20555 Raleigh, North Carolina 27602 Alan S. Rosenthal, Esq., Chairman Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Michael C. Farrar, Esq.

Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Dr. John H. Buck Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Comission Washington, D. C.

20555 Mr. Glenn 0. Bright Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Comission Washington, D. C.

20555 Dr. J. V. Leeds, Jr.

10807 Atwell Drive Houston, Texas 77096

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