ML20151S918

Advises That Info Marked as Proprietary Re Westinghouse AP600 Design Ltrs Concerning Pxs Scaling & Pirt Closure Rept WCAP-14727,will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5)

ML20151S918
Person / Time
Site:	05200003
Issue date:	09/03/1998
From:	Huffman W NRC (Affiliation Not Assigned)
To:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9809090118
Download: ML20151S918 (4)

Text

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% September 3, 1998 Mr. Brian A. McIntyre Manager Advanced Plant Safety and Licensing g -j Energy Systems Business Unit Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FRCM PUBLIC DISCLOSURE FOR WESTINGHOUSE AP600 DESIGN LETTERS RELATED TO THE PXS SCALING AND PIRT CLOSURE REPORT, WCAP-14727

Dear Mr. McIntyre:

Enclosed with this letter is a table of Westinghouse letters you have submitted which provide revisions to the AP600 PXS Scaling and PIRT Closure Report, WCAP-14727. The staff was previously unable to complete its proprietary review related to these submittals based primarily on the lack of a non-proprietary version of the report and uncertainty as to what,if any, information was proprietary in some of the submittals. The staff's review difficulty was documented in a letter to Westinghouse dated July 14,1998. In Westinghouse letter NSD-NRC-98-5762 dated August 20,1998, you responded to the staff's proprietary review concerns and provided a final non-proprietary version of the AP600 PXS Scaling and PIRT Closure Report, identified as WCAP-14953, for placement in the public records.

The enclosed table identifies information which you consider proprietary and have requested to be withheld from public disclosure pursuant to 10 CFR 2.790. Each letter is supported by an affidavit which claims, in part, that the information is classified as proprietary because *(t]he development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of /j a considerable sum of money." In addition, the affidavits also state that this information should /

.j 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 g without license from Westinghouse constitutes a competitive economic advantage over other companies.

b. It consists of supporting data, including test data, relativa 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.

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Mr. Brian A. McIntyre Septemberi3,.1998 We have reviewed your submittals related to the AP600 PXS Scaling and PIRT Closure Report, WCAP-14727 as identified in the enclosed table, in accordance with the requirements 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 information.  :

Therefore, we have determined that the proprietary materials documented on the enclosed table. which when submitted to the NRC were 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.

i 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, i original signed by:

William C. Huffman, Project Manager Standardization Project Directorate Division of Reactor Program Management l Office of Nuclear Reactor Regulation Docket No.52-003 .

l

Enclosure:

As stated cc w/ encl: See next page DISTRIBUTION:

Docket File PDST R/F TQuay ,

1 PUBLIC TKenyon WHuffman JSebrosky DScaletti JNWilson ACRS (11) JMoore. 0-15 B18 MPSiemien,0-15 B18 DOCUMENT NAME: A:PRPRITRY.62 i To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with cttachment/ enclosure "N" = No copy ,

OFFICE PM:PDST:DRPM l OGC \$tO lD PDST:DRPM l NAME WCHuffman:ggb%c- MPSiemibn TRQuay -1 Tup DATE 09/43/98 09/ 9 98 09/3 /98 OFFICIAL RECORD COPY l

1

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l Mr. Brian A. McIntyre Docket No.52-003 I Westinghouse Electric Corporation AP600  !

cc: Mr. H. A. Sepp Mr. Russ Bell

- Advanced Plant Safety & Licensing Senior Project Manager, Programs Westinghouse Electric Corporation Nuclear Energy institute Energy Systems Business Unit 1776 l Street, NW-P.O. Box 355 Suite 300 Pittsburgh, PA 15230 Washington, DC 20006-3706 Ms. Susan Fanto Ms. Lynn Connor Advanced Plant Safety & Licensing Doc-Search Associates Westinghouse Electric Corporation Post Office Box 34 Energy Systems Business Unit Cabin John, MD 20818 P.O. Box 355 Pittsburgh, PA 15230 Dr. Craig D. Sawyer, Manager Advanced Reactor Programs Mr. Sterling Franks GE Nuclear Energy l U.S. Department of Energy 175 Curtner Avenue, MC-754 l NE-50 San Jose, CA 95125  !

19901 Germantown Road ,

Germantown, MD 20874 Mr. Robert H. Buchholz - l GE Nuclear Energy I Mr. Frank A. Ross 175 Curtner Avenue, MC-781 U.S. Department of Energy, NE-42 San Jose, CA 95125 Office of LWR Safety and Technology <

19901 Germantown Road Barton Z. Cowan, Esq.

Germantown, MD 20874 Eckert Seamans Cherin & Mellott l 600 Grant Street 42nd Floor Mr. Charles Thompson, Nuclear Engineer Pittsburgh, PA 15219  ;

AP600 Certification NE-50 Mr. Ed Rodwell, Manager 10901 Germantown Road PWR Design Certification Germantown, MD 20874 Electric Power Research Institute 3412 Hillview Avenue Mr. Robert Malers, P.E. Palo Alto, CA 94303 Pennsylvania Department of Environmental Protection Bureau of Radiation Protection Rachel Carson State Office Building P.O. Box 8469

- Harrisburg, PA 17105-8469

AP600 PROPRIETARY DOCUMENT ASSESSMENT TABLE I

DOCUMENT DOCUMENT AFFIDAVIT AFFIDAVIT AFFIDAVIT DOCUMENT l NUMBER DATE NUMBER DATE EXECUTOR SUBJECT

NSD-NRC-98-5762 08/20/98 AW-98-1280 08/21/98 Brian A. McIntyre AP600 PXS Scaling and PIRT Closure Report - Revision 2

' WCAP-14727 (Proprietary Change Pages)

WCAP-14953 (Final Non-prorietary Report) i NSD-NRC-98-5595 03/02/98 AW-98-1217 03/02/98 Brian A. McIntyre AP600 PXS Scaling and PIRT Closure Report - Revision 2 i WCAP-14727 (Proprietary Change Pages)

NSD-NRC-97-5261 08/07/97 AW-97-1150 08/11/97 Brian A. McIntyre AP600 PXS Scaling and PIRT Closure Report - Revision 1 WCAP-14727 (Proprietary Change Pages)

NSD-NRC-96-4822 09/t 3/96 AW-96-1011 09/18/98 Brian A. McIntyre AP600 PXS Scaling and PIRT Closure Report - Revision 0 WCAP-14727 ' i NOTE-NRC letter dated July 14,1998, stated that it was unable to determine the proprietary status of the Westinghouse submittals listed below. Westinghouse has responded in its August 20,1998, letter stating that none of the information in these following submittats is proprietary and the information can be placed into the public records. Therefore, no proprietary review is required by the NRC. The final non-proprietary version of the AP600 PXS Scaling and PIRT Closure Report, WCAP-14953, provide in Westinghouse's August 20,1998, letter duplicates the non-proprietary information provided in the submittals listed below.

NSD-NRC-97-5280 dated 08/18/97 NSD-NRC-98-5577 dated 02/18/98 NDS-NRC-98-5592 dated 02/27/98 Enclosure

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