ML20138D682

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Discusses Review of Requesting Proprietary Matl Be Withheld from Public Disclosure in Accordance with 10CFR2.790.NRC Concludes That Submitted Info Contains Trade Secrets & Will Be Withheld from Public Disclosure
ML20138D682
Person / Time
Issue date: 04/23/1997
From: Craig C
NRC (Affiliation Not Assigned)
To: Liparulo N
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9705010213
Download: ML20138D682 (3)


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April 23, 1997 Mr. Nicholas J. Liparulo, Manager Regulatory and Engineering Networks i

Westinghouse Electric Corporation

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Mail Stop ECE 4-15 Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355

Dear Mr. Liparulo:

SUBJECT:

REQUEST FOR WITHHOLDING INFORMAl ION FROM PUBLIC OISCLOSURE, WESTINGHOUSE LETTER OF JANUARY 16, 1997 By your letter (NSD-NRC-97-4946) dated January 16, 1997, you submitted both proprietary and non-proprietary versions of the material presented to the staff at the January 10, 1997, meeting to discuss incomplete RCCA insertion issues.

In letter AW-97-1060, also dated January 16, 1997, Mr. H. A. Sepp requested the proprietary material be withheld from public disclosure in accordance with 10 CFR 2.790. This is the response to that request.

In the affidavit dated January 17, 1997, Henry A. Sepp stated that Westinghouse 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 I

(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 i

or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a

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similar product.

j-We have carefully reviewed your January 16, 1997, request and the information q,n/

contained in your request. We have concluded that the submitted information F/p]

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 of 1954, as amended.

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!s' N. Liparulo April 23, 1997 l

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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 l

for public inspection, you should promptly notify the NRC.

You should also l

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 irformation from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

l Sincerely,

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Claudia M. Craig, Senior Project anager l

Generic Issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation cc:

Mr. Andrew Drake, Project Manager Westinghouse Owners Group Westinghouse Electric Corporation l

Mail Stop ECE Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 i

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N. Liparulo April 23, 1997 Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document.

If the need l

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.

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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, W

Claudia M. Craig, Senior Project Manager Generic Issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation cc:

Mr. Andrew Drake, Project Manager Westinghouse Owners Group j

Westinghouse Electric Corporation Mail Stop ECE Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 i

Distribution:

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