ML20029C667
| ML20029C667 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 04/12/1994 |
| From: | Martin R Office of Nuclear Reactor Regulation |
| To: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9404220018 | |
| Download: ML20029C667 (5) | |
Text
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April 12, 1994 Docket No. 50-413 Nicholas J. Liparulo, Manager Nuclear Safety and Regulatory Activities i
Westinghouse Electric Corporation l
P. O. Box 355 l
Pittsburgh, Pennsylvania 15230-0355
(
Dear Mr. Liparulo:
SUBJECT:
WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By letter dated April 28, 1993, Duke Power Company submitted WCAP-13701,
" Catawba Unit 1 Steam Generator Tube Interim Plugging Criterion Mid-Cycie Outage Assessment Presentation Materials" as additional information supporting Catawba Unit 1 operation for the remainder of Cycle 7.
Duke Power has also submitted a non-proprietary version (WCAP-13702) for placement in the NRC and Public Document Rooms for public inspection.
The WCAP-13701 report contains information which is considered proprietary to Westinghouse.
By letter dated April 21, 1993 (CAW-93-454), and supporting affidavit dated April 26, 1993, Westinghouse requested that the proprietary information be withheld from public disclosure pursuant to 10 CFR Section 2.790 in accordance with the following criteria:
l 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.
The information used by a competitor would reduce his expenditure of resources or improve his competitive position in the design, l
manufacture, shipment, installation, assurance of quality, or licensing a similar product.
3.
The information reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential value to Westinghouse.
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Mr. Nicholas J. Liparulo The NRC staff has reviewed Westinghouse's information based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Westinghouse's statement, has determined that the submitted material sought to be withheld contains proprietary commercial information.
Therefore, the proprietary information will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as amended.
Withholding from public disclosure 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 for withholding this information from public disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC.
You should also 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, Original signed by:
Robert E. Martin, Senior Project Manager Project Directorate 11-3 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation cc:
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f Mr. Nicholas J. Liparulo The NRC staff has reviewed Westinghouse's information based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Westinghouse's statement, has determined that the submitted material sought to be withheld contains proprietary commercial information.
Therefore, the proprietary information will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as amended.
l Withholding from public disclosure 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 i
appropriate agreements for handling proprietary information.
If the basis for withholding this information from public disclosure should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC.
You should also 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 l
public disclosure.
l l
Sincerely, l
W kW obert E. Martin, Senior Project Manager Project Directorate II-3 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation cc:
See next page l
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Duke Power Company Catawba Nuclear Station i
cc:
l Mr. Z. L. Taylor Mr. Marvin Sinkule, Chief Regulatory Compliance Manager Project Branch #3 i
Duke Power Company V. S. Nuclear Regulatory Commission l
4800 Concord Road 101 Marietta Street, NW. Suite 2900 i
York, South Carolina 29745 Atlanta, Georgia 30323 i
A. V. Carr, Esquire North Carolina Electric Membership 1
Duke Power Company Corporation i
422 South Church Street P. O. Box 27306 j
Charlotte, North Carolina 28242-0001 Raleigh, North Carolina 27611 i
J. Michael McGarry, III, Esquire Senior Resident Inspector Winston and Strawn Route 2, Box 179 N i
1400 L Street, NW York, South Carolina 29745 l
Washington, DC 20005 j
Regional Administrator, Region II North Carolina Municipal Power U. S. Nuclear Regulatory Commission i
Agency Number 1.
101 Marietta Street, NW. Suite 2900 1427 Meadowwood Boulevard Atlanta, Georgia 30323 P. O. Box 29513 Raleigh, North Carolina 27626-0513 Max Batavia, Chief Bureau of Radiological Health Mr. T. Richard Puryear South Carolina Department of Nuclear Technical Services Manager Health and Environmental Control i
Westinghouse Electric Corporation 2600 Bull Street Carolinas District Columbia, South Carolina 29201 2709 Water Ridge Parkway, Suite 430 Charlotte, North Carolina 28217 Mr. G..A. Copp Licensing - EC050 County Manager of York County Duke Power Company York County Courthouse 526 South Church Street York, South Carolina 29745 Charlotte, North Carolina' 28242-Richard P. Wilson, Esquire Saluda River Electric Assistant Attorney General P. O. Box 929 South Carolina Attorney General's Laurens, South Carolina 29360 Office P. O. Box 11549 Ms. Karen E. Long Columbia, South Carolina 29211 Assistant Attorney General North Carolina Department of Justice Piedmont Municipal Power Agency P. 0. Box 629 121 Village Drive Raleigh, North Carlina 27602 3
Greer, South Carolina 29651 l
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Duke Power Company Catawba Nuclear Station cc:
Elaine Wathen, Lead REP Planner Dayne H. Brown, Director Division of Emergency Management Division of Radiation Protection 116 West Jones Street N.C. Department of Environment Raleigh, North Carolina 27603-1335 Health and Natural Resources P. O. Box 27687 Mr. David L. Rehn Raleigh, North Carolina 27611-7687 Vice President, Catawba Site Duke Power Company 4800 Concord Road iork, South Carolina 29745 l
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