ML20132G623

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Notifies That 850130 Request That Amend 1 to Westinghouse Advanced PWR RESAR-SP/90 Pda Module 3, Introduction & Site, Be Withheld (Ref 10CFR2.790) Granted
ML20132G623
Person / Time
Site: 05000601
Issue date: 07/10/1985
From: Thomas C
Office of Nuclear Reactor Regulation
To: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 8507190403
Download: ML20132G623 (3)


Text

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. en 4 4 UNITED STATES 8 N NUCLEAR REGULATORY COMMISSION y :p WASHINGTON, D. C. 20555

% p July 10, 1985 Docket No. STN 50-601 Mr. Robert A. Wieserenn Regulatory and Legislative Affairs westinghouse Electric Corporation Post Office Box 355 Pittsburgh, Pennsylvania 15230

Dear Mr. Wiesemann:

SUBJECT:

WESTINGHOUSE ADVANCED PRESSURIZED PATEP REACTOR (WAPWR) REFEREf'CE SAFETY ANALYSIS REPORT, PESAP-SP/90, PRELIMINARY DESIGN APPROVAL APPLICATION REQUEST FOR WITHHOLCING INF0PPATION FROM PUBLIC DISCLOSURE By letter dated January 30, 1985 (NS-NRC-85-2994) and its enclosed application (AW-85-002) and affidavit, Westinghouse subritted Arendment I to WAPWR RESAR-SP/90 PDA Module 3, " Introduction and Site" and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

The affidavit referenced by Westirchouse steted that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1. The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
2. The information is of a type customarily held in confidence by Westinghouse and not custonarily disclosed to the public.

Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.

3. The information is beino transmitted to the Connission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Cormission,
a. The information sought to be protected is not available in rublic sources or available information has not been pre-viously employed in the same original manner or nethod.
5. Public disclosure of this infomation is likely to cause substantial harm to the competitive position of Westinghouse as it would reveal the description of the improved desion features of the WAPWR; Westinghouse plans for future design, testing and analysis aimed at design verification; and demonstratien of the design's capability to reet evolving j NRC/ACRS safety goals.

g7190403850710 A ADOCK 05000601 PDR t

Robert A. Wiesemann We have reviewed your application and the material based on the requirener.ts and criteria of 10 CFR 2.790 and, on the basis of Westin9 house's statements, have detemined that the submitted information sought to be withheld contains trade secrets or proprietary commercial infomation.

Therefore, the version of the submitted information marked as proprietery will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act.

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 infomation 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 infomation from public inspection should change in the future such that the in#ormation could then be made available

'or public inspection, you should pronptly 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 incluries your infomation. In all review situations, if the NRC makes a determination adverse to the above, yru will be notified in advance of any public disclosure.

Sincerely, D. WC2 Cecil 0. Thomas, Chief Standardization and Special Pro.iects Branch Division of Licensing

. July 10, 1985 Robert A. Wiesemann k'e have reviewed your application and the material based on the recuirements and criteria of 10 CFR 2.790 and, on the basis of Westinghouse's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the version of the submitted information 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.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the nead 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 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 flRC may have cause to review this determination in the future, such as, if the scope of a Freedom of Information Act request includes your infornation. In all review situations, if the ?!RC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, Original signed by Cecil 0. Thomas, Chief Standardization and Special Projects Branch Division of Licensing DISTRIBUTION:

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