ML20133K820
| ML20133K820 | |
| Person / Time | |
|---|---|
| Issue date: | 01/16/1997 |
| From: | Craig C NRC (Affiliation Not Assigned) |
| To: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9701210355 | |
| Download: ML20133K820 (8) | |
Text
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January 16, 1997 Nicholas J. Liparulo, Manager Regulatory and Engineering Networks Westinghouse Electric Corporation Mail Stop ECE 4-15 Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355
Dear Mr. Liparulo:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, WESTINGHOUSE LETTER OF OCTOBER 28, 1996 By your letter (NSD-NRC-96-4853) dated October 28, 1996, you submitted both proprietary and non-proprietary versions of the presentation handouts / slides that were presented at a meeting with the staff on October 29, 1996.
The meeting was held to discuss the proposed licensing process for the RETRAN/VIPRE codes.
In letter AW-96-1024, also dated October 28, 1996, you requested that the proprietary material be withheld from public disclosure in accordance with 10 CFR 2.790. This is the response to that request.
In your request, you stated that you considered certain information in the presentation laaterial to be proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
The affidavit, executed by yourself on October 23, 1996, stated that the information should be considered exempt from mandatory public disclosure for the following reasons:
(a)
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.
(b)
It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
(c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the oesign, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
We have carefully reviewed your October 28, 1996, letter and the material contained in your request. We have concluded that on the basis of your i
statements, the submitted information sought to be withheld contains trade (fC,D 0 210094 poe2 NilC EEE CEBITER COPY asw
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N. Liparulo January 16, 1997 secrets or proprietary commercial information. Therefore, the version of the submitted information marked as proprietary will be withheld from public i
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 i
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.
1 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 i
understand that the NRC may have cause to review this determination in the j
future, for example, if the scope of a Freedom of Information Act request included 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, f,
AiddOs
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N Claudia M. Craig, Senior ProjecttManager Generic Issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation cc:
See next page I
N. Liparulo
-2_
January 16, 1997 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 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.
j 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 included 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:
Claudia M. Craig, Senior Project Manager Generic Issues and Environmental i
Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation cc:
See next page Distribution:
Central File PUBLIC PGEB r/f TMartin CMCraig DMatthews Siemien, 0GC RArchitzel EWeiss SBrewer F0rr TCollins DOCUMENT NAME:G;\\ CMC 1\\RETRAN.PRP2 To receive a copy of this document, indicate in the box:
"C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy
- SEE PREVIOUS CONCURRENCES OFFICE PGEBl'ill M PGEB (t/
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NAME CCraigYs h RArchit'zel MPSiemiem TCollins DATE 1//7/97 // 1/ 19/97 12/30/96 1/14/97 0FFICE BC:PGEB //tA\\
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cc:
Mr. Andrew P. Drake, Project Manager Westinghouse Owners Group Westinghouse Electric Corporation i
Mail Stop ECE 5-16 l
Post Office Box 355 j
Pittsburgh, Pennsylvania 15230-0355
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Mr. Hank A. Sepp i
Westinghouse Electric Corporation Mail Stop ECE 4-07A t
Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 A
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UNITED STATES g
g NUCLEAR REGULATORY COMMISSION
/g WASHINGTON, D.C. 20555-0001 o
January 16, 1997 1
Nicholas J. Liparulo, Manager Regulatory and Engineering Networks l
Westinghouse Electric Corporation Mail Stop ECE 4-15 Post Of# ice Box 355 Pittsburgh, Pennsylvania 15230-0355 l
Dear Mr. Liparulo:
SUBJECT:
REQUEST FOR WITHP LDING INFORMATION FROM PUBLIC DISCLOSURE, WESTINGHOUSE LET<iR OF OCTOBER 28, 1996 By your letter (NSD-NRC-96-4853) dated October 28, 1996, you submitted both proprietary and non-proprietary versions of the presentation handouts / slides that were presented at a meeting with the staff on October 29, 1996.
The meeting was held to discuss the proposed licensing process for the RETRAN/VIPRE codes.
In letter AW-96-1024, also dated October 28, 1996, you requested that the proprietary material be withheld from public disclosure in accordance with 10 CFR 2.790.
This is the response to that request.
In your request, you stated that you considered certain information in the presentation material to be proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. The affidavit, executed by yourself on October 23, 1996, stated that the information should be considered exempt from mandatory public disclosure for the following reasons:
(a)
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.
(b)
It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
(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.
We have carefully reviewed your October 28, 1996, letter and the material contained in your request. We have concluded that on the basis of your statements, the submitted information sought to be withheld contains trade
i I
N. Liparulo January 16, 1997 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 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 i
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 included your information.
In all review situations, if the NRC needs i
additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, A
MidAR
,10 Claudia M. Craig, Senior ProjecttManager Generic Issues and Environmental Projects Branch l
Division of Reactor Program Management Olrice of Nuclear Reactor Regulation d
cc:
See next page 1
e
N. Liparulo January 16, 1997 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 of 1954, as amended.
l 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 tha NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request included 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:
Claudia M. Craig, Senior Project Manager Generic Issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation cc:
See next page Distributi9m Central File PUBLIC PGEB r/f TMartin CMCraig DMatthews Siemien, 0GC RArchitzel EWeiss SBrewer F0rr TCollins DOCUMENT NAME:G;\\ CMC 1\\RETRAN.PRP2 To receive a copy of this document, indicate in the box:
"C" - Copy without attachment / enclosure "E" - Copy with attachment / enclosure "N" - No copy
- SEE PREVIOUS CONCURRENCES OFFICE PGEB(M M PGEB
(,/
OGC*
SRXB*
NAME CCrafgYsk WRArchit'zel M?Siemiem TCollins DATE 1//r/97 // 1/ 16 /97 12/30/96 1/14/97 0FF'CE BC:PGER M M NAMt DMatth#s*Q fr[
DATE 1/Jg797) 0FFICIAL RECORD COPY
cc:
Mr. Andrew P. Drake, Project Manager Westinghouse Owners Group Westinghouse Electric Corporation Mail Stop ECE 5-16 Post Office Box 355 j
Pittsburgh, Pennsylvania 15230-0355 Mr. Hank A. Sepp Westinghouse Electric Corporation 4
Mail Stop ECE 4-07A j
Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 4
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