ML20154A409

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Advises That Certain Info Contained in Westinghouse Ltr NTD-NRC-95-4506,dtd 950713,submitting WCAP-14425,will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5).Figure 3-1 Will Be Placed Into Public Record
ML20154A409
Person / Time
Site: 05200003
Issue date: 09/29/1998
From: Huffman W
NRC (Affiliation Not Assigned)
To: Mcintyre B
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9810020301
Download: ML20154A409 (3)


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k..... p September 29, 1998 Mr. Brian A. McIntyre, Manager Advanced Plant Safety and Licensing Energy Systems Business Unit Westinghouse Electric Company P.O. Box 355 t

Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE CONCERNING WESTINGHOUSE AP600 SYSTEM FIGURES IN WCAP-14425

Dear Mr. McIntyre:

By Westinghouse letter NTD-NRC-95-4506, dated July 13,1935, you submitted WCAP-14425, "The Evaluation of the AP600 Conformance to Inter-System Loss-Of-Coolant-Accident Acceptance Criteria." In an NRC letter to Westinghouse dated September 14,1995, the staff did not accept that certain specific figures in the WCAP contained Westinghouse proprietary trade secrets or commercial nformation.

In Westinghouse letter NSD-NRC-98-5768, dated August 20,1998, Westinghouse agreed that the figure for the normal RHR system, Figure 3-1, was nc'1-proprietary and could be placed into the public domain. However, Westinghouse maintained that the figure for the Primary Sampling System, Figure 3-4, contains significantly more detail than the simplified drawings that traditionally appear in safety analysis reports. After further consideration of the Westinghouse justification, the staff accepts the Westinghouse claim that Figure 3-4 in WCAP-14425 may contain Westinghouse proprietary information.

In your original submittal of WCAP 14425 (Westinghouse letter NTD-NRC-95-4506), affidavit

/

AW-95-861 dated July 14,1995, states that this information should be considered exempt from a

mandatory public disclosure for the fo! lowing reasons:

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

);

tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from WeMi,ghouso constitutes a competitive economic advantage over other companies.

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.

We have reviewed your original submittal and the supplemtmtal information provided in Westinghouse letter NSD-NRC-98-5768 in accordance with the requirements of 10 CFR 2.790 and, on the oasis of Westinghouse's statements, have determined that the figure for the Primary Sampling System, Figure 3-4, sought to be withheld contains trade secrets or proprietary commercial information.

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Mr. Brian A. McIntyre 3eptember 29, 1998 Therefore, we have determined that Figure 3-4 contained in WCAP-14425 and submitted by Westinghouse letter NTD-NRC-95-4506, dated July 13,1995, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(t,) of the Atomic Energy Act of 1954, as amended. Figure 3-1, the Normal Residual Heat Removal System, which Westinghouse agrees does not contain proprietary information, will be piaced into the public record.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concemed to inspect the documents if the need arises, we may send copies of this information to our :onsultants 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:

William C. Huffman, Project Manager Standardiz.ation Project Directorate Division of Reactor Program Management Office of Nue! ear Reactor Regulation j

Docket No 52-003 cc: See next page i

J QlSTRIBUTIO.N:

Docket File s PDST R/F TQuay PUBLIC TKenyon WHuffman JSebrosky DScaletti JNWilson JMoore,0-15 B18

. MPSiemien,0-15 B18 17 DOCUMENT NAME: A:PRPRITRY.64 Ts seeeh,e e copy of this document. Indicate,

box: "C* = Copy witjecut attachment / enclosure : *E' = Crey with at. e.hment/enclos.no

,"N' = No copy OFFICE - PM:PDST:DRPf', [OGC di)0 PDShDRPM l l

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X' NAME WCHuffmants@ - ) MPSiemien TRQuay -020 DATE 09f,25 /98 09/ @ )98 09/Pl /90'

- OFFICIAL RECORD COPY

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' Mr. Brian A. McIntyre Docket No.52-003 Westinghouse Electric Corporation AP600 4

_ 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 ! 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 Ascociates Westinghouse Electric Corporation Post Office Box 34 Energy Systems Business Ur:it Cabin John, MD 20818

' P.O. Box 355 Pittsburgh, PA 15230 Dr. Craig D. Sawyer, Manager o>

Advanced Reactor Programs

. Mr. Sterling Franks GE Nuclear Energy -

1 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 Nuclaar Er$ergy

' Mr Frank A. Ross 175 Curtner Avenue, MC-781 U.S. Department of Energy, NE42 San Jose, CA 95125 Office of LWR Safety and Technology 19901 Germantown Road Barton 2. 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, f :anager 19901 Germantown Road PWR Design Certification Gerrnantown, MD' 20874 Electric Power Research Institute 3412 H11 view Avenue Mr. Robert Maiers, P.E.

Palo Aito, CA 94303 Penasylvania Depar ment of Environmental Protection Bureau of Radiation Protection Rachel Carson' State Office Building P.O. Box 8469 Hctrisburg, PA 17105-8469 g

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