ML20155D703
| ML20155D703 | |
| Person / Time | |
|---|---|
| Issue date: | 10/30/1998 |
| From: | Wen P NRC (Affiliation Not Assigned) |
| To: | Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9811030295 | |
| Download: ML20155D703 (4) | |
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October 30, 1998 l
l Mr. Henry A. Sepp, Manager Regulatory and Licensing Engineering Westinghouse Electric Corporation Mail Stop ECE 4-07A Post Offico Box 355 Pittsburgh, Pennsylvania 15230-0355
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC i
DISCLOSURE, WESTINGHOUSE LETTERS OF 1
SEPTEMBER 11 AND 29,1998
Dear Mr. Sepp:
By letter (NSD-NRC-98 5787) dated September 11,1998, you submitted both proprietary and non-proprietary versions of the revised PAD code information on model changes and code
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validation and verification. Also by letter (NSD-NRC-98-5792) dated September 29,1998, you submitted both proprietary and non-proprietary versions of the replacement sheets for section i
titled " Revised PAD Summary of Changes" which was submitted under NSD-NRC-98-5787. In letter AW-98-1284, dated September 11,1998, you requested the proprietary material be withheld from public disclosure in accordance with 10 CFR 2.790. This is the response to that request.
In the affidavit dated September 11,1998, you stated that Westinghouse considered certain information proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. The affidavit states that this information should be considered exempt from mandatory public disclosure for the following reasons:
I (a)
The information reveals the distinguishing aspects of a process (or component, o
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, a1'NgO assurance of quality, or licensing a similar product.
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l H. Sepp 2
October 30, 1998 We have carefully reviewed your September 11,1998, request and the information contained in your request. We have concluded that the submitted information sought to be withheld contains trade secrets or proprietary commercialinformation. Therefore, the version of the submitted information 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.
l Withholding from public inspection shall not affect the right, if any, of persons properly and I
directly concerned to inspect the document. If the need arises, we may send copies of this I
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 inspection 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 also 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 l
request included your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in l
advance of any public disclosure.
l Sincerely, l
C. W Peter C. Wen, Project Manager Generic issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation 1
cc: See Next Page l
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1 H. Sepp October 30, 1998 We have carefully reviewed your September 11,1998, request and the information contained in your request. We have concluded that the submitted information sought to ba withheld contains trade secrets or proprietary commercial information. Therefore, the version of the submitted information 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.
Withholding from public inspection shall not affect the right, if any, of persons properly and 1
directly concerned to inspect the document. 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 inspection 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 also 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 included your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, Original Signed By:
Peter C. Wen, Project Manager Generic issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation ec: See Next Page pistribution:
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cc:
Mr. Nicholas Liparulo, Manager I
Regulatory and Engineering Networks Westinghouse Electric Corporation Mail Stop ECE 4-15 P.O. Box 355 Pittsburgh, PA.15230-0355 Mr. Jack Bastin, Director Regulatory Affairs Westinghouse Electric Corporation 11921 Rockville Pike Suite 107 Rockville, MD 20852 Mr. Sumit Ray, Manager
. Fuel Licensing Westinghouse Electric Corporation PO Box 355 Pittsburgh, PA 15230-0355