ML20036A234

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Advises That Document Entitled, Results of Review of Comanche Peak Cold Overpressure Mitigation Sys Nonconservatism Marked as Proprietary Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5)
ML20036A234
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 05/03/1993
From: Black S
Office of Nuclear Reactor Regulation
To: Liparulo N
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
CAW-93-391, NUDOCS 9305100292
Download: ML20036A234 (3)


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-..Al UNITED STATES y

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May 3,1993

' Docket Nos. 50-445 and 50-446 Mr. N. J. Liparulo Manager of Nuclear Safety t

and Regulatory Activities Westinghouse Electric Corporation P. O. Box 355 L

Pittsburgh, Pennsylvania 15230-0355

Dear Mr. Liparulo:

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SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

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(CAW-93-391)

By letter dated January 12, 1993, TV Electric submitted the Westinghouse l

. report, "Results of Review of Comanche Peak Cold Overpressure Mitigation System Nonconservatism" and requested that it be withheld from public-1 disclosure pursuant to 10 CFR 2.790.

1 A letter dated January 6, 1993 and.an affidavit dated January 7, 1993, from Westinghouse, the owner of the information,.were included in the application.

Westinghouse states that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:.

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"(a) The information' reveals the distinguishing aspects of a process-(or-component,. structure, tool, method, etc.) where prevention of-'its--

'i use by any of Westinghouse's competitors-without license from Westinghouse constitutes a competitive. economic advantage over other companies.

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"(c)

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.

"(e)

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 submittal and the material in accordance with the -

requirements of 10 CFR 2.790 and, on the basis of Westinghouse Electric =

Corporation's~ statements, have determined that.the submitted information sought to be withheld contains trade secrets or proprietary commercial-

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information.

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' r. N. J. Liparulo May 3, 1993 M

Therefore, we have determined that the document entitled "Results of Review of Comanche Peak Cold Overpressure Mitigation System Nonconservatism" 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.

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 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 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 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 needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, Original Signed By Suzanne C. Black, Director Project Directorate IV-2 Division of Reactor Projects III/IV/V Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION:

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Mr. N. J.1Liparulo May 3, 1993.

c cc:

1 Senior Resident Inspector Jack R. Newman, Esq.

U.S. Nuclear Regulatory Commission Newman & Holtzinger P. 0. Box 1029 1615 L Street, N.W.

Granbury, Texas 76048 Suite 1000-

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- Regional Administrator, Region IV

-lU.S. Nuclear Regulatory Commission Chief, Texas Bureau of Radiation Control 611 Ryan Plaza Drive, Suite 1000 Texas Department of Health Arlington, Texas 76011 1100 West 49th Street-Austin, Texas 78756

.Mrs. Juanita Ellis, President-Citizens Association for Sound Energy Honorable Dale McPherson 1426 South Polk County' Judge Dallas, Texas 75224 P. O. Box 851 Glen Rose, Texas 76043 Owen L. Therc, President

' Quality Technology Company Mr. William J. Cahill, 'Jr.

s Lakeview Mobile Home' Park, Lot 35 Group Vice President, Nuclear 4793 East Loop 820 South TU Electric Company

-Fort Worth, Texas 76119 400 North Olive Street, L.B. 81 Dallas; Texas 75201 fJ Mr.. Roger D. Walker.. Manager Regulatory Affairs for Nuclear Engineering Organization.

l Texas Utilities-Electric Company 400 North!0 live Street, L.B. 81

' Dallas, Texas 75201 9

Texas Utilities Electric Company c/o Bethesda Licensing-3 Metro Center, Suite 610 Bethesda, Maryland 20814 William A.-Burchette, Esq.

Counsel for. Tex-La Electric Cooperative of Texas

' Jorden,.Schulte,. & Burchette 1025 Thomas Jefferson Street,-N.W.

Washington, D.C.

20007 GDS Associates, Inc.

a Suite 720 1850 Parkway Place Marietta, Georgia 30067-8237 b

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