ML20153C100

Advises That Matls Re AP600 Notrump Final Validation Rept, WCAP-14807,marked Proprietary Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954,as Amended

ML20153C100
Person / Time
Site:	05200003
Issue date:	09/15/1998
From:	Huffman W NRC (Affiliation Not Assigned)
To:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9809230339
Download: ML20153C100 (4)

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4 UNITED STATES l gj. j NUCLEAR REGULATORY COMMISSION gg g WASHINGTON, D.c. 20666-4001 l

g'% *****/ September 15, 1998 I i

Mr. Brian A. McIntyre, Manager l

Advanced Plant Safety and Licensing l Energy Systems Business Unit ,

Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR WESTINGHOUSE AP600 DESIGN LETTERS RELATED TO THE NDTRUMP FINAL VALIDATION REPORT, WCAP-14807

Dear Mr. McIntyre:

Enclosed is a table of Westinghouse letters you have submitted which provide revisior s to the AP600 NOTRUMP Final Validation Report, WCAP-14807. The staff was previously u~able to complete its proprietary review related to these submittals based primarily on the iack of a final non-proprietary report that incorporated changes made to the proprietary version and uncertainty as to what, if any, information was proprietary in one of the submittals. Tl e staff's review difficulty was documented in a letter to Westinghouse dated July 14,1998, in Westinghouse letter NSD-NRC-98-5754 dated August 13,1998, you responded to the staff's proprietary review concerns and provided an update to the final non-proprietary versio 1 of the AP600 NOTRUMP Final Validation Report, WCAP-14808, for placement in the publienscords.

The enclosed table identifies information which you consider proprietary and have req.ested to be withheld from public disclosure pursuant to 10 CFR 2.790. Each letter is supportet! 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 appying the results of many years of experience in an intensive Westinghouse effort and the expeaditure of a considerable sum of money." In addition, the affidavits also state that this information should be considered exempt from mandatory public disclosure for the following reasons:

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a. The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its usa by any of Westinghouse's competitors /

withcut license from Westinghouse constitutes a competitive economic advantage over other companies.

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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.

l 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.

o n % Q Y) 9809230339 980915 PDR ADOCK 05200003 RH EW2 MW A PDR

1 Mr. Brian A. McIntyre September 15, 1998 l

We have reviewed your submittals related to the AP600 NOTRUMP Final Validation Report, l WCAP-14807, 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 scught 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 publi; disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right,if eny, 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.  ;

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Sincerely, l original signed by:

William C. Huffman, Project Manager i Standardization Project Directorate l Division of Reactor Program Management '

Office of Nuclear Reactor Regulation Docket No.52-003

Enclosure:

As stated cc w/ encl: See next page .

DISTRIBUTION:

' Docket Fi!e PDST R/F TQuay PUBLIC TKenyon WHuffman JSebrosky DScaletti JNWilson ACRS (11) JMoore,0-15 B18 MPSiemien,0-15 B18 DOCUMENT NAME: A:PRPRITRY.63 To receive a copy of this document, Indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with ettachment/ enclosure "N" = No copy OFFICE PM:PDST:DRPM OGC D PDST:DRPM NAME WCHuffmark4% MPSiemien t% TRQuay 'fMt DATE 09// D/98 09/t798 09/ 4/98 OFFICIAL RECORD COPY

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- Mr. Brian A. McIntyre Docket No.52-003

j. Westinghouse Electric Corporation .AP600 l- cc: Mr. H. A. ' Sepp Mr. Russ Bell I Advanced Plant Safety & Licensing Senior Project Manager, Programs '

Westinghouse Electric Corporation Nuclear Encrgy Institute

- Energy Systems Business Unit 1776 l Street, NW i P.O.- Box 355 Suite 300

! Pittsburgh, PA 15230 Washington, DC 20006-3706 l

l Ms. Susan Fanto Ms. Lynn Connor Advanced Plant Safety & Licensing Doc-Search Associates l 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 l Advanced Reactor Programs '

Mr. Sterling Franks GE Nuclear Energy .

I 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 1 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 i Mr. Charles Thompson, Nuclear Engineer Pittsburgh, PA 15219 -

AP600 Certification NE-50 .

Mr, Ed Rodwell, Manager i 19901 Germantown Road PWR Design Certification Germantown, MD 20874 Electric Power Research Institute 3412 Hillview Avenue Mr. Robert Maiers, P.E. Palo Alto, CA 94303 Pennsylvania Department of Environmental Protection Bureau of Radiation Protection Racnel Carson State Office Building P.O. Box 8469

. Harrisburg, PA 17105-8469 1

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AP600 PROPRIETARY DOCUMENT ASSESSMENTTABLE ,

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, DOCUMENT DOCUMENT AFFIDAVIT AFFIDAVIT AFFIDAVIT DOCUMENT i

NUMBER DATE NUMBER DATE EXECUTOR SUBJECT i ! NSD-NRC-98-5754 08/13/98 AW-98-1274 08/13/98 Brian A. McIntyre AP600 NOTRUMP Final Validation Report WCAP-14807 +

, (Revision 5 Proprietary Char.ge Pages)

WCAP-14808 (Revisiens 3,4, & 5 Non-proprietary Change -

Pages)

. NSD-NRC-98-5589 02/27/98 AW-98-1213 02/27/98 Esrian A. McIntyre AP600 NOTRUMP Final Validation Report, WCAP-14807

j (Revision 4 Proprietary Change Pages)

. i NSD-NRC-97-5465 12/03/97 AW-97-1190 12/03/97 Henry A. Sepp AP600 NOTRUMP Final Validation Report, WCAP-14807 (Revision 3 " Additional

• Proprietary Change Pages)  ;

' i NSD-NRC-97-5439 11/17/97 AW-96-1185 11/17/97 Henry A. Sepp AP600 NOTRUMP Final Validation Report, WCAP-14807

(Revision 3 Proprietary Change Pages) i NOTE

! NRC letter dated July 14,1998, stated that it was unable to determine the proprietary status of the Westinghouse submittal NSD-NRC-98-5614 dated  ;

03/13/98. Westinghouse has responded in an August 14,1998, letter (NSD-NRC-98-5756) stating that none of the information in the 03/13/98 submittal is ,

' proprietary and the information can be placed into the public records. The final non-proprietary updates tc the AP600 NOTRUMP Final Validation Report, t WCAP-14808, provided in Westingliouse's August 13,1998, letter (referericed in the above Table) duplicates the non-proprietary information provided in the ,

03/13/98 submittal and no proprietary review is required by the NRC.  ;

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Enclosure i