ML20195D520

Discusses Westinghouse Request That Change Pages Submitted on 980921 to WCAP-14292 Be Withheld from Public Disclosure. Determined Info to Be Proprietary & Will Be Withheld from Public Disclosure

ML20195D520
Person / Time
Site:	05200003
Issue date:	06/04/1999
From:	Joshua Wilson NRC (Affiliation Not Assigned)
To:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9906090188
Download: ML20195D520 (3)

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UNITED STATES 3 g j NUCLEAR REGULATORY COMMISSION 2 WASHINGTON, D.C. 30eeH001

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June 4, 1999 l

1 Mr. Brian A. McIntyre, Manager

Advanced Plant Safety & Licensing Westinghouse Electric Company P.O. Box 355 L Pittsburgh, PA '.15230

SUBJECT:

REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION (AW-98-1288)

Dear Mr. McIntyre:

By letter from William Huffman of the U.S.' Nuclear Regulatory Commission (NRC) to Nicholas Liparulo (Westinghouse), dated November 21,1995, the NRC determined that WCAP-14292, "AP600 Low-Pressure Integral Systems Test at Oregon State University Test

- Analysis Report," Revision 1, (enclosed in NTD-NRC-95-4565) contains proprietary information and has withheld this information from public disclosure. By your letter (DCP/NRC-1441), dated September 21,1998, Westinghouso submitted change pages to WCAP-14292, thereby updating the report to Revision 2, and requested that the Westinghouse proprietary information be withheld from public disclosure. Only one change (page 5.4.1-1) affected the NRC's previous proprietary determination on November 21,1995. You also submitted change pages to update the non-proprietary version of this report (WCAP-14293, Revision 2).

Your letter of September 21,1998 also contained an application for withholding proprietary information from public disclosure RW-98-1288), pursuant to 10 CFR 2.790(b)(1), and was -

supported by an affidavit executed by you on September 28,1998. Your submittal requested

. that the new proprietary information on page 5.4.1-1 be withheld from public disclosure for the following reasons:

.(a) The information reveals the distinguishing aspects of a process (or component, 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 cornpetitor 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 application for withholding in 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. proprietary commercial information. Therefore, we 9906090188 990604 PDR ADOCK 05200003

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Y Mr. Brian A. McIntyre . June 4, 1999 have determined that the information enclosed in Westinghouse letter DCP/NRC-1441, dated September 21,1998, 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 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 consultant,s 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 determinatio,n 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:

Jerry N. Wilson, Senior Policy Analyst License Renewal and Standardization Branch Division of Regulatory Improvement Programs Docket No.52-003 cc: See next page DISTRIBUTION:

Docket File RLSB R/F PUBLIC ACRS (11) )

DMatthews/SNewberry CGrimes i MPSiemien,0-15 B18 JNWilson

• See previous concurrence DOCUMENT NAME: G:\RLSB\ WILSON \AW-98-1288.WPD OFFICE: SPA:RLSB:DRIPq D:RLSB: DRIP OGC l NAME: JNWil CGrimes hT MPSiemien DATE: [g / f /99 h/E /99 5/27 /99*

OFFICIAL RECORD COPY I

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!V Mr. Brian A. McIntyre Docket No.52-003 Westinghouse Electric Company AP600 '

l cc: Mr. H. A. Sepp Advanced Plant Safety & Licensing Westinghouse Electric Company j P.O. Box 355 )

Pittsburgh, PA 15230 l Ms. Susan Fanto I

Advanced Plant Safety & Licensing Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230 Ms. Lynn Connor

, DOC-Search Associates i Post Office Box 34 l- Cabin John, MD 20818 l l

Barton Z. Cowan, Esq.

Eckert Seamans Cherin & Mellott 600 Grant Street 42nd Floor l Pittsburgh, PA 15219 i Mr. Charles Thompson, Program Manager  !

AP600 Certification NE-50 i 19901 Germantown Road Germantown, MD 20874 Mr. Ed Rodwell, Manager PWR Design Certification Electric Power Research Institute 3412 Hillview Avenue Palo Alto, CA 94303