ML20202F710
| ML20202F710 | |
| Person / Time | |
|---|---|
| Issue date: | 12/03/1997 |
| From: | Craig C NRC (Affiliation Not Assigned) |
| To: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9712090191 | |
| Download: ML20202F710 (6) | |
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NUCLEAR REGULATORY COMMISSION
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December 3. 1997 Mr. Nicholas J. Liparulo, Monarr Equipment Design and Regulatory Engineering Westinghouse Electric Corporation Mail Stop ECE 415 Post Office Box 355 Pittsburgh, Pennsyhanla 15230-0355
Dear Mr. Liparulo:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, WESTINGHOUSE LETTER OF NOVEMBER 6,1997 i
By your letter (NSD NRC 97-5417) dated November 6,1997, you submitted both proprietary and non proprietary versions of material presented to the staff at an October 23,1997, meeting.
In letter AW 971180, also dated November 6,1997, you 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 sffidavit dated November 10,1997, Mr. Henry A. Sepp stated that Westinghouse considered cer1ain information proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. The affidavit states that this information should be considered exempt from mandatory public disclosure for the following reasons:
(a)
Yhe 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 advantago over other companies.
(b)
Its use by a competitor would reduce his expenditure of resources or improve his '
competitive position in the design, manufacture, shipment, installation, 4 gae assurance of quality, or licensing a similar product.
We have carefully reviewed your November 6,1997, request and the information contained in your request. We have concluded that the submitted information sought to be withheld contains trade secrets or proprietary commercialinformation. Therefore, the version of the submitted information marked as proprietary will be withheld from public disGosure pursuant to 3
10 CFR 2.790(b)(5) and Section 10$(b) of the Atomic Energy Act of 1954, as amended.
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4 N. Liparulo
-2 December 3, 1997 Withliolding from public inspection shall not affect the right, if any, of persons properly and directly concemed to inspect the document. If the need arises, we may send copies of this information to our cont,ultants 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, fot 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 disclcsure.
Sincerely, 6
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Claudia M. Craig, Senior Project Managkr Generic Issues and Environmental Projects Branch Division of Reactor Program Manapment Office of Nuclear Reactor Regulation cc:
Mr. Andrew Drake, Project Manager Westinghouse Owners Group Westinghouse Electric Corporation Mail Stop ECE 5-16 Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355
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December 3, 1997 N. Liparuto r Withholding from public inspection shall not affect the right, if any, of persons properly and r
directly concerned to inspect the document. If the need arises, we may send copies of this informatiori 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 sbuld change in the future such that the information could then be made available for public inspection, you should I
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 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 lasues and Environmental Projects B.anch Division of Reactor Program Management Office of Nuclear Reactor Regulation i
Cc:
Mr. Andrew Drake, Project Manager Westinghouse Owners Group Westinghouse Electric Corporation Mail Stop ECE 516 Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 i
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WAEHINGTON, D.C. 306M001 December 3, 1997 i
Mr. Nicholas J. Liparula, Manager Equipment Design and Regulatory Engineering Westinghouse Electric Corporation Mail Stop ECE 4-15 Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355
Dear Mr. Liparulo:
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, WESTINGHOUSE LETTER OF NOVEMBER 6,1997 By your letter (NSD-NRC 97 5417) dated November 6,1997, ynu submitted beth proprietary and non-proprietary versions of material presented to the staff at an October 23,1997, meeting.
In letter AW 97-1180, also dated November 6,1997, you requested the proprietary material be withheld from public die, closure in accordance with 10 CFR 2.790. This is the response to that request.
In the affidavit dated November 10,1997, Mr. Henry A. Sepp stated that Westinghouse considered certain information proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. The affidavit states that this 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)
Its use by a competitor would reduce his expenditure of resources or improve his '
competitive position in the design, rnanufacture, sh!pment, installation, assurance of quality, or licensing a similar product.
We have carefully reviewed your November 6,1997, request and the information contained in your request. We have concluded that the submitted information sought to be withheld contains trade secrets or proprietary commercialinformation. Therefore, the version of the submitted information marked as pioprietary 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.
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N. Liparulo
-2 December 3, 1997 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 consutants working in this area. We will, of course, ensure that the censultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this inform 3 tion from public inspection should change !n the future such that the information could then be made available for public inspection, you should
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promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in nee future, for example, if the scop 6 of a FreevGm of Information Act request included your information. In n'!:eview 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 d;sclosure.
Sincerely, b M, M
Lb Claudia M. Craig, Senior Project Managkr Generic lasues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation ec:
Mr. Andrew Drake, Project Manager Westinghouse Owners Group Westinghouse Electric Corporation Mail Stop ECE 516 Post Oriice Box 355 Pittsburgh, Pennsylvania ?S230-0355 I
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December 3, 1997 N. Liparuto 2
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 consurtants have signed the appropriate agreements for handling proprietary information.
If the basis for withnolding this information from publ'c inspection should change in the future such that the information could then be made available for public !nspection, 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 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 Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation cc:
Mr. Andrew Drake, Project Manager Westinghouse Owners Group Westinghouse Electric Corporation Mail Stop ECE 5-16 Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 Distribution.
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