ML20211E016

Advises That Info Submitted in Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of AEC of 1954,as Amended

ML20211E016
Person / Time
Issue date:	09/19/1997
From:	Craig C NRC (Affiliation Not Assigned)
To:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9709300018
Download: ML20211E016 (2)

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NUCLEAR REGULATORY COMMISSION WASHINGVON, D.C. 3066H001

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September 19, 1997 Mr. Nicholas J. Liparuto, Manager Equipment Design and Regulatory Engineenng Westinghouse Electric Corporation Mail Stop ECG 4-15 Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, WESTINGHOUSE LETTER OF AUGUST 28,1997 By your letter (NSD-NRC-97-5290) dated August 28,1997, you submitted both proprietary and non-proprietary versions of the material presented to the staff at the July 31,1997, meeting on axial offset anomalies. In letter AW-97-1159, also dated August 28,1997, 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 August 28,1997, 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, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

We have carefully reviewed your August 28,1997, 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 disclosure pursuant to n

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 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

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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 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 notified in advance of any public disclosure.

Sincerely,

[ Original signad by]

Claudia M. Craig, Senior Project Manager Generic lasues and Environmental Projects Branch-Division of Reactor Program Management Office of Nuclear Reactor Regulation jl 0-cc:

Mr. Andrew Drake, Project Manager Westinghouse Owners Group L

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Mail Stop ECE 5-16 h

Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355' Distnbution.

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