ML20196J744

Advises That Info Submitted by Ltr, Re CAW-98-1291 Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954,as Amended

ML20196J744
Person / Time
Site:	Byron
Issue date:	12/08/1998
From:	John Hickman NRC (Affiliation Not Assigned)
To:	Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9812110008
Download: ML20196J744 (5)

Text

i p *, UNITED STATES j

2 NUCLEAR REGULATORY COMMISSION fps /5# #ff WASHINGTON. D.C. 20555-0001

• • • • • ,o December 8, 1998 i Mr. Henry A. Sepp, Manager Regulatory and Licensing Engineering l Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAW-98-1291)

Dear Mr. Sepp:

By letter dated October 22,1998, Commonwealth Edison Company (Comed) submitted the Westinghouse report, " Request for Exemption From the Provisions of 10 CFR 50.44, 10 CFR 50.46, and 10 CFR 50 Appendix K For Two Lead Test Assemblies (LTAs) and Supporting Justification," (Proprietary), October 1998, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A non-proprietary version was also included.

Westinghouse's affidavit executed by Henry A. Sepp dated October 13,1998, attached to Comed's submittal, stated that the information should be considered exempt from mandatory 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 competKive 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, instaliation, assurance of quality, or licensing a similar product.

We have reviewed your application and the material 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 trade secrets or proprietary commercial information and should be withheld from public disclosure, t

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H.A. Sepp December 8,1998 Therefore, we have determined that the document entitled, " Request for Exemption From the Provisions of 10 CFR 50.44,10 CFR 50.46, and 10 CFR 50 Appendix K For Two Lead Test Assemblies (LTAs) and Supporting Justification," (Proprietary), October 1998, 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 directly concemed 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.

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 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, ORIG. SIGNED BY John B. Hickman, Project Manager Project Directorate 111-2 Division of Reactor Projects - lil/IV Office of Nuclear Reactor Regulation Docket Nos. STN 50-454, STN 50-455 cc: see next page DISTRIBUTION:

pochet PllesJ PUBLIC PDill-2 r/f EAdensam SRichards CMoore JHickman MJordan, Rlli MPSiemien, OGC DOCUMENT NAME: A:\ CAW 1291 Ts receive a copy of this document, indicatgle the llpx: "C" = Copy without endosures "E" = Cop'r with enclosures "N" = No copy i

OFFICE PM:PDill-2 6 M:MI-2 L OGC C .

D:PDill-2 0 NAME JHlCKMAN G75) &M00AE MPSIEMIEN @';<> SRICHARDS6fF DATE 11/ 3 * /98 " 11/M/98 <

1% ' //98 6/ 6 /98 OFFICIAL RECORD COPY lp t

H.A. Sepp 2-Therefore, we have determined that the document entitled, " Request for Exemption From the Provisions of 10 CFR 50.44,10 CFR 50.46, and 10 CFR 50 Appendix K For Two Lead Test Assemblies (LTAs) and Supporting Justification," (Proprietary), October 1998, 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

] directly concemed 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.

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 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.

1 Sincerely, N -

e John B. Hickman, Project Manager Project Directorate lil-2 1 Division of Reactor Projects - lil/IV Office of Nuclear Reactor Regulation Docket Nos. STN 50-454, STN 50-455 1

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H.'A. Sepp Byron Station .

Units 1 and 2 cc: '

Mr. Oliver D. Kingsley, President Howard A. Leamer  !

, Nuclear Generation Group. Environmentallaw and Policy , i Commonwealth Edison Company Center of the Midwest Executive Towers West 111 35 East Wacker Dr., Suite 1300 1400 Opus Place, Suite 500 Chicago, Illinois 60601 Downers Grove, IL' 60515 U.S. Nuclear Regulatory Commission 4 Ms. l. Johnson, Licensing Director. Byron Resident inspectors Office

- Nuclear Regulatory Services 4448 North German Church Road Commonwealth Edison Company Byron, Illinois 61010-9750 Executive Towers West lli 1400 Opus Place, Suite 500 Ms. Lorraine Creek L Downers Grove, Illinois 60515 RR 1, Box 182

. Manteno, Illinois 60950 Michael 1. Miller, Esquire Sidley and Austin Chairman, Ogle County Board ,

One First National Plaza Post Office Box 357 Chicago, Illinois 60803 Oregon, Illinois 61061

. Regional Administrator, Region 111 Mrs. Phillip B. Johnson U.S. Nuclear Regulatory Commission 1907 Stratford Lane 801 Warrenville Road - Rockford, Illinois 61107 Lisle, Illinois 60532-4351 Attomey General Illinois Department of Nuclear Safety 500 S. Second Street Office of Nuclear Facility Safety Springfield, Illinois 62701 1035 Outer Park Drive

Springfield, Illinois 62704 Commonwealth Edison Company Byron Station Manager Document Control Desk-Licensing 4450 North German Church Road Commonwealth Edison Company Byron, Illinois 61010-9794 1400 Opus Place, Suite 400 Downers Grove, Illinois 60515 Commonwealth Edison Company Site Vice President- Byron Ms. C. Sue Hauser, Project Manager 4450 N. German Church Road Westinghouse Electric Corporation Byron, Illinois 61010-9794

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Energy Systems Business Unit Post Office Box 355 Mr. David Helwig

. Pittsburgh, PennsylvaniJ 15230 Senior Vice President

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Commonwealth Edison Company Joseph Gallo Executive Towers West lli Gallo & Ross 1400 Opus Place, Suite 900

1025 Connecticut Ave., N.W., Suite 1014 Downers Grove,IL 60515 Washington, DC 20036 ry w ny -g --my-

4',e'.*._.  ;

Byron Station .

Units 1 and 2 i Mr. Gene H. Stanley, PWR's Vice President Commonwealth Edison Company Executive Towers West ll1 i 1400 Opus Place, Suite 900 -

Downers Grove, IL- 60515 Mr. Steve Perry, BWR's Vice President -

Commonwealth Edison Company Executive Towers West til 1400 Opus Place, Suite 900 j Downers Grove,IL 60515 i Mr. Dennis Farrar l Regulatory Services Manager Commonwealth Edison Company  ;

Executive Towers West lli l 1400 Opus Place, Suite 500 ,

Downers Grove,IL 60515 i Commonwealth Edison Company )

Reg. Assurance Supervisor - Byron -  ;

4450 N. German Church Road I Byron, Illinois 61010-9794 Mr. Michael J. Wallace i Senior Vice President I Commonwealth Edison Company )

Executive Towers West 111 i 1400 Opus Place, Suite 900 Downers Grove,IL 60515 I

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