ML20133Q145

Discusses Request for Withholding Info in Accordance w/10CFR2.790.NRC Concludes That Some Matl May Be Withheld, But Certain Other Matl Should Be Released & Placed in PDR

ML20133Q145
Person / Time
Issue date:	10/16/1996
From:	Craig C NRC (Affiliation Not Assigned)
To:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9701270246
Download: ML20133Q145 (4)

Text

me p 1 UNrrED STATES j

g NUCLEAR RE2ULATORY CSMMISS!ON

, WASHINGTON. O.C. 3088H001 i .

(

October 16, 1996 l

l Nicholas J. Liparulo, Manager I Regulatory and Engineering Networks Westinghouse Electric Corporation Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -

WESTINGHOUSE LETTER OF JUNE 27, 1996 By your letter (NSD-NRC-96-4756) dated June 27, 1996, you submitted both proprietary and non-proprietary versions of the material that was presented at a meeting with the staff on June 27, 1996. The meeting was held to provide the staff an update of the root cause of the incomplete rod cluster control assembly insertion issue. In letter AW-96-979, also dated June 27,1996, you requested the proprietary material be withheld from public disclosure in accordance with 10 CFR 2.790. This is the response to that request.

In your affidavit dated June 25, 1996, you stated that you considered certain information proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. The affidavit states that this 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 com etitive position in the design, manufacture, shipment, insta lation, assurance of quality, or licensing a similar ilg product.

We have carefully reviewed your June 25, 1996 request and the information contained in your request. We have concluded that some of the material may be withheld in accordance with 10 CFR 2.790(a)(6), but that certain other material should be released and placed in the Public Document Room (PDR). The 0

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q 33; @ 4, 9701270246 961016 PDR TOPRP ENVWEST t M *, c8 C PDR

October 16, 1996 N. Liparulo -2 .

information that we do not believe includes distinguishing aspects or would improve a competitor's economic advantage and information that we do not believe constitute trade secrets or proprietary commercial information is the following. We have listed the reason in parentheses.

1) Fourth bullet on page titled " Spent Fuel Pool Testing:"

... typical for 17X17 designs (WOG conclusion - August 13, 1996 meeting)

2) Last bullet on page titled "Recent Assembly Growth Data:"

Other than Wolf Creek "H" assemblies, data is consistent with existing Westinghouse database (Non-proprietary elsewhere)

3) Last bullet on' page titled " Drag and Fast Fluence Data (Spent Fuel Pool Testing):"

Data also suggests that drag above 40 GWD/MTU burnup cannot be predicted on fast fluence alone (Non-proprietary elsewhere)

4) Last statement on page titled " Thimble Tube Probe Testing:"

The location and extent of distortion is consistent with RCCA drag test results (Non-proprietary elsewhere)

5) Second statement under third bullet on page titled " Isolation of

. Susceptible Population:"

Mechanical differences - length + longer dashpot (Plant data from FSAR)

6) First statement under the bullet on page titled " Thimble Tube Accelerated Growth Model:"

Total growth = normal saturation growth + accelerated growth

- Normal saturation growth term is a function of fluence

- Accelerated growth term is a function of fluence and temperature (All in non-proprietary root cause statement)

7) Third bullet on page titled " Future Plans / Solution Strategies:"

...(chemistry, operating modes)

(Stated in non-proprietary part of later meetings)

s N. Liparulo October 16. 1996 In accordance with 10 CFR 2.790(c), this information is being forwarded to you as notice that the information will be placed in the PDR thirty (30) days from the date of th% letter. If within thirty (30) days of this letter, you request withdrawal of these documents in accordance with 10 CFR 2.790(c), or provide additional reasons for the withholding of information not already expunged from the documents, your request will be considered in light of applicable statutes and regulations and a determination made whether the documents will be withheld from public disclosure or returned to you.

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, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public disclosure 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 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 withheld 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, O_udM . L Claudia M. Craig, Senior Pro ct Manager Generic Issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation cc: Mr. Andy Drake, Project Manager Westinghouse Owners Group

- Post Office Box 355 Pittsburg, PA 15230-0355

N. Liparulo October 16, 1996 In accordance with 10 CFR 2.790(c), this information is being forwarded to you as notice that the information will be placed in the PDR thirty (30) days from the date of this letter. If within thirty (30) days of this letter, you request withdrawal of these documents in accordance with 10 CFR 2.790(c), or provide additional reasons for the withholding of information not already expunged from the documents, your request will be considered in light of applicable statutes and regulations and a determination made whether the documents will be withheld from public disclosure or returned to you.

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, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public disclosure 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 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 withheld 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, 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: Mr. Andy Drake, Project Manager Westinghouse Owners Group Post Office Box 355 Pittsburg, PA 15230-0355

• • • • • • • • • 30 DAY HOLD ON DISTRIBUTION *******

Distribution:

Central File PGEB r/f T"~rtin CMCraig DMatthews Siemien, 0GC RArchitzel PUBLIC Achatterton RJones Document Name: G:\CMCl\6.27mtg.prp To receive a copy of this document, indicate in the box: "C" - Copy without attachment / enclosure "E" - Copy with attachment / enclosure "N" - No copy 0FFICE PGEB:DRPM P OGC l6, SRXB #/ 4 l PGEB:DRPM f# sc.

NAME CCraig:S4# tiPSiemien  % RJones Tco RArchitzel' l DATE 09/N/96, $/(2/96 \" p9/3/96 #/oH6 09 W /96 {

OFFICE C/PGMPH NAME DMattMks\

DATE JW/l(p/96 0FFICIAL RECORD COPY

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