ML20202G212
| ML20202G212 | |
| Person / Time | |
|---|---|
| Issue date: | 12/04/1997 |
| From: | Craig C NRC (Affiliation Not Assigned) |
| To: | Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9712090319 | |
| Download: ML20202G212 (3) | |
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UNITED STATES NUCLEAR REGULATORY COMMIS810N
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WASHINGTON D.C. 30006 4001 s.....
December 4,1997 Mr. Henry A. Sepp, Manager Regulatory and Lloensing Engineering Westinghouse Electric Corporation i
Mai! Stop ECE 4-07A Post Omco Box 355 Pittsburgh, Pennsylvania 15230-0355 Dear Mr. Sepp;
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, WESTINGHOUSE LETTE A OF NOVEMBER 10,1997 4
By Westinghouse letter (NSD-NRC 97 5423) dated November 10,1997, you submitted both t
proprietary and non proprietary versions of the material presented to the staff at the September 30,1997, meeting on the Ovation distributed control and information system. In 1
letter AW 97-1183, also dated November 10,1997, 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 affidavit dated November 10,1997, you stated that Westinghouse considered certain information proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. The amdavit states that this information should be considered exempt from 4
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, manufacture, shipment, installation,
' assurance of quality, or licensing a similar product.
We have carefully reviewed your November 10,1997, request and the information contained in your request. We have concluded that the submitted information sought to be withheld contains trade secrets or proprietary commercial information. Therefore, the version of the submitted information marked a 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.
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-2 December 4 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 consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate cgreements for hand!!ng 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 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 notifed in advance of any public disclosure.
Sincerely, 1
0 Claudia M. Craig, Senior Project Man 6;er 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 j
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1 2-December 4,1997 H. Sepp 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 basis for withholding this information from public inspection should change in the future such that the information could then be mede 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 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, l
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:
i Mr. Andrew Drake, Project Manager Westinghouse Owners Group Westinghouse Electric Corporation Mail Stop ECE 516 Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 Distribution:
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