ML20195B968

Responds to & Affidavit ,requesting That Info Concerning Nuclear Fuel Manufacturing Process Be Withheld Per 10CFR2.790(b)(4).Determined That Info Sought to Be Withheld Contains Proprietay Info & Will Be Withheld

ML20195B968
Person / Time
Site:	Westinghouse
Issue date:	11/12/1998
From:	Ten Eyck E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
TAC-L31097, NUDOCS 9811160334
Download: ML20195B968 (3)

Text

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. o f*hq 5 UNITED STATES 4

g j- NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30e004001 o1 l

,,,g November 12, 1998 a

Mr. H. A. Sepp

Manager Regulatory and Licensing Engineering Westinghouse Electric Company i a Division of CBS Corporation I

j. Box 355 .

Pittsburgh, Pennsylvania 15230-0355 l= l

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION (TAC NOS. L31097 AND L31104)

Dear Mr. Sepp:

This is in response to your letter dated August 14,1998, with an attached affidavit dated ,

August 14,1998, requesting that information concerning nuclear fuel manufacturing process descriptions and the corresponding nuclear safety analyses conducted for the Westinghouse Electric Company (WEC) - Columbia, South Carolina, plant be withheld from public disclosure  ;

pursuant to 10 CFR 2.790(b)(4). i As a result of our letter to you, dated September 25,1998, supplemental information was ,

provided to us in a letter from Mr. W. L. Goodwin, Manager Regulatory Affairs of the WEC i Commercial Nuclear Fuel Division, dated October 21,1998. That letter clarified the specific criteria on wh!ch your proprietary affidavit was based.

The October 21,1998, letter stated that the submitted information should be considered exempt i from mandatory public disclosure for the following reasons under 4(ii)(a), (c) and (f) of your i affidavit. Specifically:

(a) The information reveals the distinguishing aspects of a process (or components, 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 (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.

(f) It contains patentable ideas, for which patent protection may be desirable. g i

We have reviewed your application and the material in accordance with the requirements of (

10 CFR 2.790 and, on the basis of your statements, have determined that the submitted ' , ,0) information sought to be withheld contains proprietary commercialir, formation. It is noted that \\

you had previously submitted non-proprietary versions of the Criticality Safety Evaluations \

(CSEs) and that we had requested more detailed information to support the NRC technical review.

9e11160334 981112 $ bM hok b "

PDR ADOCK0700g1

.I I Mr. H. A. Sepp 2 Therefore, the copies of Section 1 (Process Description) and Section 5 (Safety Analysis) of the CSEs for both the ADU Conversion Process and UN Bulk Storage System of the submitted information marked as proprietary will be withheld from the public disclosure pursuant to .

10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

l l

l Withholding from public inspection shall not affect the right, if any, of persons properly and i 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. l 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 also 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 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.

I Sincerely, Original signed by:

Elizabeth Q. Ten Eyck, Director Division of Fuc1 Cycle Safety and Safeguards, NMSS cc: Mr. W. L. Goodwin Manager Regulatory Affairs Westinghouse Electric Company a division of CBS Corpo"ation Commercial Nuclear Fuel Division Drawer R Columbia, South Carolina 29250 Docket 70-1151 License SNM-1107 Distribution (Control No. 900S, 910S)

Docket 70-1151 NRC File Center PUBLIC NMSS R/F FCLB R/F FCSS R/F Region 11 DAyers, Ril HFelsher (G:\wes1021. pro) l OFC FCLB. (, FCLB t FCLB C OGC $ FCLB, M FCSS [ FCSSh NAME Chd(k PShead Mdhk MSiemb CEhekh EBr ETen Eyck DATE 10kT/98 10/b8 108098 11/h98 id/'//98 10I /98 h$/98 C = COVER E = COVER & ENCLOSURE N=N COPY OFFICIAL RECORD COPY u}lQdi p

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I-Mr. H. A. Sepp 2 Therefore, the copies of Section 1 (Process Description) and Section 5 (Safety Analysis) of the CSEs for Wth the ADU Conversion Process and UN Bulk Storage System of the submitted informatit,n marked as proprietary will be withheld from the public disclosure pursuant to 10 CFR 7.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withho't.ing 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 informatk n to our consultants working in this area. We will, of course, ensure that the consultante 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 also 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 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, A" ._

Eliz h Q.Te ck, Director Div' on of Fuel Cycle Safety and Safeguards, NMSS cc: Mr. W. L. Goodwin Manager Regulatory Affairs Westinghouse Electric Company a division of CBS Corporation Commercial Nuclear Fuel D; vision Drawer R Co!umbia, South Carolina 29250 Docket 70-1151 License SNM-1107 1

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