ML20133L618

Advises That Amend 2 to RESAR-SP/90 Preliminary Design Approval,Module 5, Reactor Sys, Will Be Withheld from Public Disclosure (Ref 10CFR2.790),per 850416 Request. Reasons Listed

ML20133L618
Person / Time
Site:	05000601
Issue date:	08/05/1985
From:	Thomas C Office of Nuclear Reactor Regulation
To:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 8508120676
Download: ML20133L618 (3)

Text

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1. \* UNIT ED ST ATES 8*' '7 NUCLEAR REGULATORY COMMISSION

' jn WASHINGTON, D. C. 20555

% # August 5,1985 Docket No. STN 50-601 Mr. Robert A. Wiesemann Regulatory and Legislative Affairs Westinghouse Electric Corporation Post Office Box 355 Pittsburgh, Pennsylvania 15230

SUBJECT:

WESTINGHOUSE ADVANCED PRESSURIZED WATER REACTOR (WAPWR) REFERENCE SAFETY ANALYSIS REPORT, RESAR-SP/90, PRELIMINARY DESIGN APPROVAL APPLICATION P.E0 VEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By letter dated April 16,1985(NS-NRC-85-3030) and its enclosed application (AP-85-033) and affidavit, Westinghouse submitted Amendment 2 to WAPWR PESAR-SP/90 PDA Module 5, " Reactor System" and requested that it be

, withheld from public disclosure pursuant to 10 CFR 2.790.

The affidavit referenced by Westinghouse stated 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 infomation is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

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

3. The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.

4 The infomation sought to be protected is not available in public sources or available infomation has not been pre-viously employed in the same original manner or method.

5. Public disclosure of this infomation is likely to cause

, substantial ham to the competitive position of Westinghouse as it would reveal the descriptinn of the improved design features of the VAPWP; Westinghouse plans for future design, testing end analysis aimed at design verification; and demonstration of the design's capability to meet evolvino NRC/ACRS safety coals.

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%. l Robert A. Wiesemann l We have reviewed your apolication and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Westinghouse's statements, have detemined that the submitt ad information sought to be withheld contains trade secrets or proprietary commercial information.

l 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, 1

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 information to our consultants working in this area. We will, of course, insure that the consultants have signed the appropriate agreer:ents for handling proprietary information.

If the basis for withholding this infomation from public inspection should change in the future such thet the infomation could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NPC 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 NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

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

' Docket File:

SSPB/RF CPatel PAnderson CThomas EShomaker, OELD

, NRC PDR l

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Pobert A. Wiesemann We have reviewed your application and the material based on the requirements 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 infomation.

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 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.

l If the basis for withholding this infomation from public inspection should change in the future such that the infomation could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC nay have cause to review this detemination 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 makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely,

0. Ym:;= -

Cecil 0. Thomas, Chief

, Standardization and Special Projects Branch Division of Licensing

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