ML20147E219

Advises That Proprietary Matl Presented at 961212 Meeting Re Revised Fuel Rod Corrosion Model & Application in W Plants Will Be Withheld Ref 10CFR2.790

ML20147E219
Person / Time
Issue date:	02/13/1997
From:	Craig C NRC (Affiliation Not Assigned)
To:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9702180231
Download: ML20147E219 (3)

Text

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i UNITED STATES l

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NUCLEAR REGULATORY COMMISSION

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February 13, 1997 i

Mr. Nicholas J. Liparulo, Manager l

Regulatory and Engineering Networks Westinghouse Electric Corporation

• Aail Stop ECE 4-15 i

Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 i

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, WESTINGHOUSE LETTER OF JANUARY 17, 1997 By letter AW-97-1063 dated January 17, 1997, Westinghouse submitted proprietary and non-proprietary versions of the material that was presented at a meeting with the staff on December 12, 1996. The meeting was held to discuss the revised fuel rod corrosion model and its application in Westinghouse plants. The letter requested the proprietary material be withheld from public disclosure in accordance with 10 CFR 2.790. This is the response to that request.

l In the request, Westinghouse stated that it 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

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Henry A. Sepp on January 17, 1997, stated that the information should be considered exempt from mandatory public disclosure for the following reasons:

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(a)

The information revenis the distinguishing aspects of a process (or component, structure, tool, method, M c.) where prevention of its use by any of Westinghouse's comper w s without license from i

Westinghouse constitutes a competitive economic advantage over other companies.

I (b)

It consists of supporting data, including test data, relative to a

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process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

l (c)-

Its use by a competitor would reduce his expenditure of resources i

or improve his competitive position in the design, manufacture, i

shipment, installation, assurance of quality, or licensing a (793/

similar product.

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We have carefully reviewed the January 17, 1997, letter and the material j

contained in the request. We have concluded that on the basis of your l

statements, the submitted information sought to be withheld contains trade a

secrets or proprietary commercial information.

Therefore, the version of the i

submitted information marked as proprietary will be withheld from public y

disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic yo3 p' i

Energy Act of 1954, as amended.

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l N. Liparulo February 13, 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 arises, we may send copies of this information to our consultants working in y

this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

i If the basis for withholding this information from public inspection should i

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, 4

you will be notified in advance of any public disclosure.

Sincerely, i

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

l Mr. Hank A. Sepp Westinghouse Electric Corporation i

Mail Stop ECE 4-07A i

Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 i

Mr. Andrew P. Drake, Project Manager Westinghouse Cwners Group Westinghouse Electric Corp, oration Mail Stop ECE 5-16 i

Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 9

-. ~ _..

r N. Liparulo

-2 February 13, 1997 i

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 i

appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should 4

change in the future such that the infermation 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 4

included your informatien.

In all review situations, if the NRC needs i

additional information from you or makes a determination adverse to the above, j

you will be notified in advance of any public disclosure.

7 Sincerely, 3

Original Signed By:

Claudia M. Craig, Senior Project Manager j

Generic Issues and Environmental Projects Branch Division of Reactor Program Management j

Office of Nuclear Reactor Regulation 4

cc:

Mr. Hank A. Sepp Westinghouse Electric Corporation Mail Stop ECE 4-07A Post Office Box 355 l

Pittsburgh, Pennsylvania 15230-0355 Mr. Andrew P. Drake, Project Manager Westinghouse Owners Group Westinghouse Electric Corporation Mail Stop ECE 5-16 Post Office Box 355 i

Pittsburgh, Pennsylvania 15230-0355 i

Distribution:

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