ML20199B112

Advises That Info Contained in NSRA-APSL-92-0268 & Containing Presentation Matl Used in 921209-10 Meeting,Marked Proprietary,Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of AEA

ML20199B112
Person / Time
Site:	05200003
Issue date:	01/07/1999
From:	Joseph Sebrosky NRC (Affiliation Not Assigned)
To:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9901130230
Download: ML20199B112 (3)

Text

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f WASHINGTON, D.C. 20066-0001 h ...e do January 7,1999 Mr. Brian A. McIntyre, Manager-

Advanced Plant Safety and Licensing Energy System's Business Unit Westir:ghouse Electric Company P.O. Bot 355 Pittsburgh, PA .15230-0355 _j

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE l FOR WESTINGHOUSE AP600 LETTER DATED NOVEMBER 4,1998

Dear Mr. McIntyre:

By Westinghouse letter NSRA-APSL 92-0268, dated December 17,1992, you submitted . ,

' material from a December'9-10,1992, meeting'on the AP600' testing program. The staff was 1

. previously~ unable to complete its proprietary review related to this submittal based primarily on the lack of a non-proprietary version of the information. The staff's review difficulty was  !

documented in a letter to Westinghouse dated July 10,1908 . In Westin0house letter l NSD-NRC-98-575'3, dated August 13,1998, you responded to the staff's concerns and stated that the information was no longer considered proprietary by Westinghouse. In the process of placing the material in the public domain the staff noted that some of the information appeared to still be proprietary and informally requested Westinghouse to rereview the material. Your response to this informal request is contained in Westinghouse letter NSD-NRC-98-5805, dated November 4,1998. - The November 4,1998, letter contains a proprietary and a non-proprietary.

- version of the presentation material used in the December 9-10,1992, meeting on the AP600

- test program.

- In the November 4,1998, letter, you identify information which you consider proprietary and have requested to be withheld from public disclosure pursuant to 10 CFR 2.790. The affidavit

- dated November 11,1998, claims, in part, that the information is classified as proprietary because "[t]he development of the technology described in part by the information is the result

.of applying the results of many years of experience in an intensive Westinghouse effort and the

- expenditure of a considerable sum of nioney." In addition, the affidavit also states that this information should be considered exempt from mandatory public disclosure for the following l

reasons:

~

b. . It consists of supporting data, including test data, relative to a process (or component, I g I - 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 <D e competitive position in the design, manufacture, shipment, installation, assurance of

. quality, or licensing a similar product.

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t Mr. Brian' A. McIntyre January 7, 1999 L We have reviewed your November 4,1998, submittal 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.

Therefore, we have determined that the proprietary material contained in the November 4, 1998, and the December 17,1992, letter, which when submitted to the NRC were 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 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.

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 determination 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:

Joseph M. Sebrosky, Project Manager License Renewal Project Directorate Division of Reactor Program Management 1 Office of Nuclear Reactor Regulation Docket No.52-003

Enclosure:

As stated cc: See next page DISTRIBUTION:

Docket File PDLR R/F. DMatthews PUBLIC' CGrimes JNWilson

MPSiemien,0-15 B18 j

' DOCUMENT NAME: G \SEBROSKY\A:PR-1PP_2.WPD *See previous concurrence OFFICE ' LA PM:PDLR:DRPM SPA:PDLR:DRPM OGC @( D:PDLR n, j NAMEL EHylton* JMSebroskyg'JNWilson* MPSiemien " CIGrimesh DATE: 01/06/99 01/j /99 / 01/06/99 01/ f /99_ 01/%/99 OFFICIAL RECORD COFY

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Mr. Brian A. McIntyre Docket No.52-003 Westinghouse Electric Corporation AP600 cc: Mr. H. A. Sepp Advanced Plant Safety & Licensing Westinghouse Electric Corporation Energy Systems Business Unit P.O. Box 355

- Pittsburgh, PA 15230 Ms. Susan Fanto

. Advanced Plant Safety & Licensing

. Westinghouse Electric Corporation Energy Systems Business Unit P.O. Box 355 Pittsburgh, PA 15230

' Ms. Lynn Connor DOC-Search Associates Post Office Box 34 Cabin John, MD 20818

. Barton Z. Cowan, Esq.

Eckert Seamans Cherin & Mellott 600 Grant Street 42nd Floor Pittsburgh, PA 15219 Mr. Charles Thompson, Program Manager AP600 Certification NE-50 19901 Germantown Road Germantown, MD 20874 l

Mr. Ed Rodwell, Manager PWR Design Certification Electric Power Research Institute 3412 Hillview Avenue Palo Alto, CA 94303

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