ML20213G590

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Informs That Proprietary Wapwr RESAR-SP/90 Pda Module 10, Containment Sys Should Be Withheld from Public Disclosure, Per Review of Application & 10CFR2.790 Criteria
ML20213G590
Person / Time
Site: 05000601
Issue date: 05/13/1987
From: Berkow H
Office of Nuclear Reactor Regulation
To: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 8705180358
Download: ML20213G590 (4)


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Docket No. 50-601 Mr. R. A. Wiesemann, Manager Regulatory and Legislative Affairs.,

Westinghouse Electric Corporation P. O. Box 355 t

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Dear Mr. Wiesemann:

SUBJECT:

WITHHOLDING FROM PUBLIC DISCLOSURE - WAPWR RESAR-SP/90 PDA MODULE 10. " CONTAINMENT SYSTEMS" - AW-87-19 By your application, dated May 9,1987 and affidavit, dated November 1, 1982, you submitted copies of WAPWR RESAR-SP/90 Module 10. " Containment Systems", marked proprietary and a proprietary information notice and requested withholding from public disclosure pursuant to 10 CFR 2.790. A non-proprietary version of the report was also submitted. You stated that the submitted information should be considered exempt from mandatory public disclosure for the following reason:

The information contained in the WAPWR RESAR-SP/90 Module 10

" Containment Systems" resulted from Westinghouse development programs and gives them a competitive advantage over competitors. The information is marketable and release of this information would put Westinghouse at a competitive disadvantage by releasing information developed by them at great expense to the public. Release of this information to the public would allow competitors to duplicate programs and processes without a commensurate outlay of funds causing a disadvantage to Westinghouse.

We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

We have determined that WAPWR RESAR-SP/90 PDA Module 10, "ContainmOt Systems", marked as proprietary, should 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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Mr. R. A. Wiesemann We therefore approve your request for withholding pursuant to 10 CFR 2.790 and are withholding the above stated documents and information from public inspection as proprietary.

- 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, insure that. the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholdino 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 also understand that the NRC may have cause to review this determination in the future, such as if the scope of a Freedom of Information Act request includes 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.

Sincer ly.

Q erbert N. Berkow, Director Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects III, IV, V and Special Projects Office of Nuclear Reactor Regulations cc: See next page J.

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Docket No. STN 50-601 RESAR-SP/90 cc:

Dr. Robert Barf Brookhaven National Laboratory Building 130 Upton, New York 11973 Mr. William Schivley Westinghouse Electric Corporation ECE-410 Mail Stop 4-08 Box 355 Pittsburgh, Pennsylvania 15230 40 a 0

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e Mr. R. A. Wiesemann We therefore approve your request for withholding pursuant to 10 CFR 2.790 and are withholding the above stated documents and information from public inspection as proprietary.

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, insure 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 also understand that the NRC may have cause to review this determination in the future, such as if the scope of a Freedom of Information Act request includes your information.

In all review situations, if the NRC needs additional 4

information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, Original signed b.y Herbert N. Berkow, Director Standardization and Non-Power Reactor Project Directorate a

Division of Reactor Projects III, IV, V and Special Projects Office of Nuclear Reactor Regulations cc: See next page DISTRIBllTION (N

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