ML20198P010

Advises That Info Submitted by (AW-97-1062), Marked Proprietary,Will Be Withheld from Public Disclosure, Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954,as Amended

ML20198P010
Person / Time
Issue date:	01/15/1998
From:	Craig C NRC (Affiliation Not Assigned)
To:	Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9801210295
Download: ML20198P010 (2)

Text

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30006-4001 1.

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January 15, 1998 Mr. H. A. Espp, Manager.

Regulatory and Licensing Engineering

' Westinghouse Electric Corporation Mail Stop ECE 4-15 Post Offios Box 355

' Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

REQUEST FOR W,THHOLDING INFORMATION FROM PUBLIC

- DISCLOSURE, WESTINGHOUSE LETTER OF JANUARY 17,1997 By your letter (AW-97-1062) dated Janusry 17,1997, you submitted non-proprietary and

. proprietary versions of the Westinghouse response to the susceptibility of intermediate flow mixing grid (IFM) fuel for the incomplete rod insertion issue. The non-proprietary version was submittted for placement in the PubliiDocument Room (PDR). The letter 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 request, Westinghouse stated that it considered certain information in the presentation material to be proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. The affidavit, executed by yourself on January 17,1997, 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 advar,tage 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, assurance of quality, or licensing a similar product.

We have carefully reviewed your January 17,1997, letter and the material contained in tht, request. We have concluded that on the basis of your statements, the submitted information sought to be withheld contains trade secrets or proprietary comn arcialinfor U

the versbn 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 1W, as amended.

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O H. Sepp January 15, 1998 Withholding from public inspection shall not affect the right, if any, of persons properly and 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 bas!s 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. Yc u 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:

Claudia M. Craig, Senior Project Manager Generic issues and Environmental Projectt Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation ec:

Mr. Andrew P. Drake, Project Manager E

Westinghouse Owners Group Westinghouse Electric Corporation Mail Stop ECE 5-16 Post Office Box 355

- Pittsburgh, Pennsylvania 15230-0355 Distribution:

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