ML20132A538

Approves 850307 & 25 Requests to Withhold WCAP 10756 & WCAP 10815,per 10CFR2.790

ML20132A538
Person / Time
Site:	Prairie Island
Issue date:	09/19/1985
From:	Butcher E Office of Nuclear Reactor Regulation
To:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
57847, 57848, TAC-57847, TAC-57848, NUDOCS 8509250369
Download: ML20132A538 (3)

Text

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September 19, 1985 jh Docket Nos. 50-282 Distribution: Docket File and 50-306 NRC & L PDRs Branch Files HThompson EJordan 8 Grimes JPartlow EShomkaer, OELD Glainas Mr. R. A. Wiesemann, Manager DDilanni PKreutzer Regulatory and Legislative Affairs Westinghouse Electric Corporation P. O. Box 355 Pittsburgh, Pennsylvania 15230

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your letter and affidavit dated March 7 and March 25, 1985, you submitted two documents containing design details dealing with steam generator tube sleeving for the Prairie Island Nuclear Generating Plant, Unit Nos. I and 2. You requested that these documents be withheld from public disclosure pursuant to 10 CFR 2.790. The documents submitted for our consideration are entitled:

1. WCAP 10756, Prairie Island Units 1 and 2 Steam Generator Sleeving (Mechanical Sleeves)", Westinghouse Proprietary Class 2, January 1985.

2. WCAP 10815, " Prairie Island Units 1 and 2 Steam Generator Sleeving (Brazed Sleeves)", Westinghouse Proprietary Class 2 January 1985.

You stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1. The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

2. It is information which is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

3. Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

4 Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary infonnation, sny one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

5509250369 850919 PDR ADOCK 050002B2 P PDR

5. It contains patentable ideas, for which protection may be desirable.

6. It is not the property of Westinghouse, %t must be treated as proprietary by Westinghouse according u greements with the owner.

We have reviewed your letter and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of your statements, we have determined that the submitted information sought to be withheld contains trade secrets or proprietary comercial information.

We have determined that the Westinghouse documents WCAP 10756 and WCAP 10815, marked as proprietary, should 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.

We, therefore, approve your request for withholding pursuant to 10 CFR 2.790

' and are withholding documents WCAP 10756 and WCAP 10815, 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 working in this area. We will, of course, insure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this document 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, such as 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, Edward J. Butcher, Acting Chief Operating Reactors Branch No. 3 Division of Licensing cc: See next page j

ORBf3:DL, ORB #3:DL 0 #: L OEL te JPJ.reutzer DDilanni;ef E8utcher EShomaker c/ /q /85 p ////85 ot/te/85 i q/p/85

Mr. R. A. Weissmann Westinghouse Electric Corporation cc:

Gerald Charnoff, Esq.

Shaw, Pittman, Potts and Trowbridge l 1800 M Street, NW Washington, DC 20036

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Executive Director Minnesota Pollution Control Agency 1935 W. County Road, B2 Roseville, Minnesota 55113 Mr. E. L. Watzl, Plant Manager Prairie Island Nuclear Generating Plant Northern States Power Company Route 2 Welch, Minnesota 55089 Jocelyn F. Olson, Esq.

Special Assistant Attorney General Minnesota Pollution Control Agency 1935 W. County Road, B2 Roseville, Minnesota 55113 U.S. Nuclear Regulatory Commission Resident Inspector's Office Route #2, Box 500A Welch, Minnesota 55089 Regional Administrator, Region III U.S. Nuclear Regulatory Comission Office of Executive Director for Operations 799 Roosevelt Road Glen Ellyn, Illinois 60137 Mr. William Miller, Auditor Goodhue County Courthouse I Red Wing, Minnesota 55066 Mr. D. M. Musolf Manager - Nuclear Support Services Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 1