ML20151V223

Informs That NRC Determined That WCAP-14132 Encl in Westinghouse Ltr NTD-NRC-94-4244,dtd 940729 & Marked as Proprietary,Will Be Withheld from Public Disclosure,Per to 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954

ML20151V223
Person / Time
Site:	05200003
Issue date:	09/08/1998
From:	Joseph Sebrosky NRC (Affiliation Not Assigned)
To:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9809140177
Download: ML20151V223 (3)

Text

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g \ UNITED STATES g j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20666-0001 ppe#j

\ . . . . . ,[t September 8, 1998 Mr. Brian A. McIntyre, Manager ,

Advanced Plant Safety and Licensing l Energy Systems Businers Unit Westinghouse Electric Company l P.O. Box 355 l Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE CONCERNING WESTINGHOUSE LETTER OF JULY 29,1994

Dear Mr. McIntyre:

By Westinghouse letter NTD-NRC-94-4244, dated July 29,1994, you submitted WCAP-14132, "AP600 CMT Program - Facility Description Report". The non-proprietary version of this report was also enclosed with your letter and submitted as WCAP-14133 for placement into the Public Document Room.

in your July 29,1994, you stated that certain information in WCAP-14132 is considered proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

Affidavit AW-94-696 dated July 29,1994, and executed by you 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 a considerable sum of money." In addition, the affidavit also states that this information should be considered exempt from mandatory public disclosure for several readings including the following:

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 competitive position in the design, manufacture, shipment, installation, assurance of I

quality, or licensing a similar product. j r

I in a July 14,1998, letter the staff stated that neither version of the report identifies the material that Westinghouse considers proprietary and requested you to review your claim and to notify the staff of what portions of the report are still considered company proprietary. Westinghouse responded to this letter on August 12,1998, (NSD-NRC-98-5751). In your August 12, letter you /} I ,Ig state that the detailed as-built CMT drawings in Appendix A are indicated to be proprietary by

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Mr. Brian A. McIntyre September 8,1998 the standard proprietary statement used by Westinghouse on drawings. You note that the detailed as-built drawings were deleted from WCAP-14133 to create the nonproprietary version of the CMT facility description report, however, the list of as-built drawings was retained in the nonproprietary report to indicate what had been deleted. Furthermore, you state that Westinghouse still considers the as-built drawings proprietary information.

We have reviewed your July 29,1994, submittal and the additional information provided in your August 12,1998, letter 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 WCAP-14132 enclosed in Westinghouse letter NTD-NRC-94-4244, dated July 29,1994, and marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(D)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

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:

Joseph M. Sebrosky, Project Manager Standardization Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation l Docket No.52-003 cc: See next page DISTRIBUTION:

Docket File i PDST R/F TOuay PUBLIC TKenyon WHuffman JSebrosky DScaletti JNWilson ACRS (11) JMoore,0-15 B18 MPSiemien,0-15 B18 DOCUMENT NAME: A:CMT_94.PRP Te receive e copy of this document. Indicate in the bon: "C" = Copy without attachment / enclosure "E' = Copy with attachment / enclosure *N" = No copy OFFICE PM:PDST:DRPM OGC _C[ PDST:DRPM l l l NAME JMSebrosky:sg 4))\ MPSipmien #f4 TRQyay M DATE  ! 09/ % /98 V 09/ X /98 09/ 4 /98 W OFFICIAL RECORD COPY

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Mr. B. A. McIntyre Docket No.52-003 Westinghouse Electric Company 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 i 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 U.S. Department of Energy 175 Curtner Avenue, MC-754 NE-50 San Jose, CA 95125 19901 Germantown Road Germantown, MD 20874 Mr. Robert H. Buchholz GE Nuclear Energy 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 600 Grant Street 42nd Floor Mr. Charles Thompson, Nuclear Engineer Pittsburgh, PA 15219 AP600 Certification NE-50 Mr. Ed Rodwell, Manager 19901 Germantown Road PWR Design Certification Germantown, MD 20874 Electric Power Research Institute 3412 Hillview Avenue l;

Mr. Robert Maiers, 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 4

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