ML20153G252

Advises That Proprietary Matl Discovered by NRC in NSD-NRC-97-4966 & Proprietary Matl Noted by W in NSD-NRC-98-5772 Will Be Withhheld from Public Disclosure Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954

ML20153G252
Person / Time
Site:	05200003
Issue date:	09/25/1998
From:	Joseph Sebrosky NRC (Affiliation Not Assigned)
To:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9809300013
Download: ML20153G252 (3)

Text

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\*****/ September 25, 1998 Mr. Brian A. McIntyre, Manager Advanced Plant Safety and Licensing Energy Systems Business Unit Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE ASSOCIATED WITH WESTINGHOUSE AP600 LETTERS OF AUGUST 21,1998, AND JANUARY 31,1997

Dear Mr. McIntyre:

In March of 1997 Westinghouse was informed by the staff that they had discovered information designated as proprietary in a non-proprietary letter. Specifically, Westinghouse letter NSD-NRC-97-4966 dated January 31,1997, contained four pages marked proprietary, however, the letter did not indicate that it included proprietary material. The staff removed the material from the public document room and requested that Westinghouse submit a separate letter and affidavit justifying the proprietary nature of the information. In addition to the verbal discussions in March of 1997, the staff documented their request in a July 1,1998, letter because at that time it did not have a record of a written response from Westinghouse on the matter.  !

I In an August 21,1998, letter (NSD-NRC-98-5772) you responded to the staff's request and '

submitted a separate letter and affidavit justifying the proprietary nature of the information. In addition, the August 21,1998, letter provided a proprietary and non-proprietary version of the information originally submitted by your January 31,1997, letter.

In the August 21,1998, letter you identify information which you consider proprietary and l request that it be withheld from public disclosure pursuant to 10 CFR 2.790. The subject l material is provideri via enclosure to the letter. Affidavit AW-98-1282 dated August 21,1998, I 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 reasons including the following:

a. The information reveals the distinguishing aspects of a process (or component, structure, O 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.

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i Mr. Bri:n A. McIntyra September 25, 1998 l

l 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 l advantage, e.g., by optimization or improved marketability.  !

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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, l l or licensing a similar product.

1 We have reviewed your submittal and the materialin 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 material found in the August 21,1998, (NSD-NRC-98-5772) and January 31,1997, (NSD-NRC-97-4966) letters, which when <

submitted to the NRC were marked as proprietary, will be withheld from public disclosure I 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 any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this infocmation 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  !

advelse to the above, you will be notified in advance of any public disclosure. l Sincerely, original signed by:

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

Docket Feie PDST R/F TQuay l PUBLIC TKenyon WHuffman JSebrosky DScaletti JNWilson ACRS (11) JMoore,0-15 B18 MPSiemien,0-15 B18 DOCUMENT NAME: FAX.PRP Te receive a copy of this document. Indicate in the box: 'C' = Copy without attachment / enclosure 'E' = Copy with attachment / enclosure 'N' = No copy i OFFICE PM:PDST:DRPM l OGC Oli PDST:DRPM NAME JMSebrosky:sg MPSiemieri# TRQuay - Gz)

DATE 09/73//98 09/M /98 09/yr /98 OFFICIAL. RECORD COPY l

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Mr. B. A. McIntyre Docket No.52-003 Westinghouse Electric Company AP600 cc: Mr. Nicholas J. Liparulo, Manager Mr. Russ Bell l Nuclear Safety and Regulatory Analysis Senior Project Manager, Programs Nuclear and Advanced Technology Division Nuclear Energy institute Westinghouse Electric Company 1776 l Street, NW P.O. Box 355 Suite 300 Pittsburgh, PA 15230 Washington, DC 20006-3706 Ms. Cindy L. Haag Ms. Lynn Connor Advanced Plant Safety & Licensmg Doc-Search Associates Westinghouse Electric Company Post Office Box 34 Energy Systems Business Unit Cabin John, MD 20818 Box 355 Pittsburgh, PA 15230 Dr. Craig D. Sawyer, Manager Advanced Reactor Programs l Mr. Sterling Franks GE Nuclear Energy U.S. Department of Energy 175 Curtner Avenue, MC-754 '

NE-50 San Jose, CA 95125 l 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 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 l

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