ML20199L205
| ML20199L205 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 11/24/1997 |
| From: | Dick G NRC (Affiliation Not Assigned) |
| To: | Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9712010342 | |
| Download: ML20199L205 (4) | |
Text
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M-N MI a n:vq)t UNITED STATES go
,j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 300 4 0001
%, e... + /,4 Novenher 24, 1997 Mr. H. A. Sepp, Manager Regulatory and Licensing Engineering Westinghouse Electric Corporation P.O. Box 355 Pittsburgh, PA 15230-0355
SUBJECT:
REQUES1 FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAW 971175)
Dear Mr. Sepp:
By letter dated October 15,1997, Commonwealth Edison Company (Comed) submitted the Westinghouse report, " Background and Technical Dasis: Handbook on Flaw Evaluation for the Zion, Byron and Braidwood Units 1 & 2 Main Coolant System and Components," WCAP 12045, Revision 1, December 1991, and requested that h be withheld from public disclosure pursuant to 10 CFR 2.790. Non proprietary version," Handbook on Flaw Evaluation for the Zion, Byron and Braidwood Units 1 & 2 Reactor Vessels, WCAP-12046, November 1988. was also included.
An affidavit executed by you dated October 15,1997, from Westinghouse, the owner of the information, was transmitted under separate correspondence dated October 18,1997.
Westinghouse stated that the submitted 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.
- (c)
Its use by a competitor would reduce his expenditure of resources or impmve his competitive position in the design, manufacture, shipment, installation, s s urance of quality, or licensing a similar product.
'h
- (e)
It reveals aspects of past, present, or future Westinghouse or customc0 funded
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. development plans and piograms of potential commercial value to
{ U Westinghouse."
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o H. A. Sepp 2-We have reviewed your application and thu material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Westinghouse'u statements, have determined that tne submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, we have datermined that the document entitled, ' Background and Technical Basis:
Handbook on Fisw Evaluation for the Zion, Byron and Braidwood Units 1 & 2 Main Coolant System and Components,' WCAP 12045, Revision 1, December 1991, 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 property and directly concemed to inspect the documents. if the need arises, we may send copies of this information to our ccnsultants 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 svithholding 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 understa.3d 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, ft 4
Geor F. Dick, Jr., Senior Project Manager Project Directorate Ill 2 Division of Reactor Projects lil/IV Office of Nuclear Reactor Regulation Dockei Nos. STN 50-456, STN 50-457 cc: see next page m
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4 November 24, 1997 H. A. Sepp We have reviewed your application and the materialin accordance with the requirements of 10 CFR 2.790 and, on the basis of Westinghouse's statements, have determined that the j
submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, we have determined that the document entitled, " Background and Technical Basis:
Handbook on Flaw Evaluation for the Zion, Byron and Braidwood Units 1 & 2 Main Coolant Cystem sqd Comporients," WCAP.12045, Revision 1, December 1991, marked as proprietary will be withheld from public disclosure purcuant 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 dircetly contamed to inspect the documents, if the need arises, we may send copies of this information to our consultants working in this area. We witt, 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 ceuld 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 George F. Dick, Jr., Senior Project Manager Project Directorate 1112 Division of Reactor Projects lil/IV Office of Nuclear Reactor Regulation Docket Nos. STN 50-456, STN 50-457 cc: see next page DISTRIBUTION:
Docket filesi PUBLIC PDlli 2 r!f EAdensam RCapra CMoore GDick MJordan, Rlli MPSiemien, OGC DOCUMENT NAME: A:'iCAW 1175 T3 receive a copy of thle document. Indicat_ in the bon: 'C' = Copy without enclosures
- E' = Cooy with enclosures *N' = No copy o
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DATE 11/$/97 11/M/97 11rt'/97 11/M/97 0FFICIAL RECORD COPY
Braidwood Station Unit Nos.1 and 2 cc:
Ms.1. Johnson Acting Manager, Nuclear Regulatory Services Ms. Lorraine Creek Commonwealth Edison Company Rt.1 Box 182 Executive Towers West lli Manteno, Illinois 60950 1400 Op'.is Place, Suite 500 Downers Grove, Illinois 60515 Attomey General 500 South Second Street Mr. William P. Poirier Springfield, Illinois 62701 Westinghouse Electric Corporation Energy Systems Business Unit Michael Miller, Esquire Post Office Box 355, Bay 236 West Sidley and Austin Pittsburgh, Pennsylvania 15230 One First National Plaza Chicago, Illinois 60603 Joseph Gallo Gallo & Ross George L. Edgar 1250 Eye St., N.W., Suite 302 Morgan, Lewis and Bochlus Washington, DC 20005 1800 M Street, N.W.
Washington, DC 20036 Regional Administrator U.S. NRC, Region 111 lilinois Department of 801 Warrenville Road Nuclear Safety Lisle, Illinois 60532-4351 Office of Nuclear Facility Safety 1035 Outer Park Drive Ms. Bridget Little P.orem Spr'ngfield, Illinois 62704 Appleseed Coordinator 117 North Linden Street Commonwealth Edison Company Essex, Illinois 60935 Braidwood Station Manager Rt.1, Box 84 Howard A. Leamer Braceville, Illinois 60407 Environmental Law and Policy Center of the Midwest EIS Review Coordinator 203 North LaSalle Street U.S. Environmental Protection Agency Suite 1390 77 W. Jackson Blvd.
Chicago, Illinois 60601 Chicago, Illinois 60604-3590 U.S. Nuclear Regulatory Commission Document Control Desk-Licensing Braidwood Resident inspectors Office
%mmonwealth Edison Company Rural Route #1, Box 79 1400 Opus Place, Sulta 400 Bracevil!s, Illinois 60407 Downers Grove, Illinois 60515 Mr. Ron Stephens Mr. T. J. Tulon lilinois Emergency Services Site Vice President and Disaster Agency Braldwood Station 110 East Adams Street Commonwealth Edison Company Springfield, Illinois 62706 RR #1, Box 84 Braceville, IL 60407 Chairman Will County Board of Supervisors Will County Board Courthouse Joliet,lilinois 60434