ML20236K654

Informs That Staff in Process of Reviewing Proprietary Claims in Preparation for Issuing Final Safety Evaluation Rept for AP600

ML20236K654
Person / Time
Site:	05200003
Issue date:	07/01/1998
From:	Joseph Sebrosky NRC (Affiliation Not Assigned)
To:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9807100029
Download: ML20236K654 (3)

Text

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• WASHINGTON, D.C. 20666-0001 kp...../ July 1, 1998 Mr. Brian A. McIntyre, Manager Advanced Plant Safety and Licensing Energy Systems Business Unit Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

ADDITIONAL INFORMATION REQUESTED REGARDING PROPRIETARY .

INFORMATION

Dear Mr. McIntyre:

As you are aware, the staff is in the prcaess of reviewing your proprietary claims in preparation for issuing the final safety evaluation report for the AP600. During this review, the staff has determined that it does not have in its files responses to several of the staff's requests conceming proprietary material. Specifically, the staff asked Westinghouse to respond to a proprietary determination that it had made on several standard safety analysis report (SSAR) and probabilistic risk assessment (PRA) revisions, and requested Westinghouse to determine whether certain documents contain proprietary information. The details of the requests can be I found below.

( In an August 23,1995, letter, the staffinformed Westinghouse that it had reviewed the AP600 l SSAR through Revision 4, and the PRA through Revision 5 and determined that in nine areas, the information sought to be withheld did not contain trade secrets or proprietary commercial information. The letter requested Westinghouse to reevaluate the SSAR and PRA materials to {

g ensure that the information that it was requesting to be withheld from public disclosure met the criteria set forth in 10 CFR 2.790(b)(4). The letter further requested Westinghouse provide the i results of the reevaluation within 30 days of the receipt of the letter, and stated that if a formal l response was not received, the staff would place the portions of the AP600 SSAR and PRA that [1)3

it believed were non-proprietary in the Nuclear Regulatory Commission (NRC) Public Document

! Room The staff has no record of a written response on this matter.

In i arch 1997, Westinghouse was informed by the staff that they had uiscovered information designated as proprietary in a non-proprietary letter. Specifically, Westinghouse letter NSD-NRC-97-036 dated January 31,1997, contained four pages of marked material; however, the letter did not indicate that it included proprietary material. The staff removed the material from the public document room and requested that Westinghouse submit a separate letter and affidavit justifying the proprietary nature of the information. The staff has no record of a written response on this matter.

l In an October 22,1997, letter, the staff documented that a meeting summary inadvertently l contained proprietary material. The letter documented the corrective actions that the staff took, and requested that Westinghouse submit a letter stating whether or not the affidavit dated July 28,1997, for WCAP-14407 applied to the proprietary page that was used in the meeting summary and whether Westinghouse still considered the information to be proprietary. The staff has no record of a written response on this matter.

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i Mr. Brian A. McIntyre July 1, 1998 Please review your files and determine if a response to any of these three items was sent and if so, please forward that response again. If Westinghouse has taken no previous action on these items please provide a response within 30 days of the receipt of this letter to the three items identified above. If a formal response is not received within that time frame the staff will place the following material in the NRC public document room in accordance with 10 CFR 2.790(c):

e portions of the AP600 SSAR and PRA that the staff believes are non-proprietary as documented in the August 23,1995, letter o

the material included in the January 31,1997, Westinghouse letter (NSD-NRC-97-4966) that was removed by the staff frorn the public document room o the material inadvertently included in the meeting summary that was the subject of a letter to Westinghouse dated October 22,1997.

If within thirty (30) days of this letter, you request withdrawal of these documents in accordance with 10 CFR Section 2.790(c), or provide additional reasons for the withholding of information, your request will be considered in light of applicable statutes and regulations and a determination made whether the documents will be withheld from public disclosure or returned to you.

Sincerely, original signed by:

Joseph M. Sebrosky, Project Manager Standardization Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket No.52-003 cc: See next page DISTRIBUTION:

Docket File PDST R/F TQuay PUBLIC TKenyon WHuffman JSebrosky DScaletti JNWilson ACRS (11) JMoore,0-15 B18 MPSiemien,015 B18 i

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DOCUMENT NAME: WES._ACT.PRP To receive a cop 9 of thle document, Indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N' = No copy OFFICE PM:PDST:DRPM l OGC l6 PDST:DRPM lt l l NAME JMSebrosky:sg/DrTAPSiemien $T(n TRQuay Th DATE 6 /30/98 // 1/ ) /98 mPf 1/t /98 _

OFFICIAL RECORD COPY

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Mr. Brian A. McIntyre Docket No.52-003 Westinghouse Electric Corporation AP600 cc: Mr. H. A. Sepp Mr. Russ Bell Advanced Plant Safety & Licensing Senior Project Manager, Programs Westinghouse Electric Corporation Nuclear Energy Institute Energy Systems Business Unit 1776 l Street, NW P.O. Box 355 - Suite 300 Pittsburgh, PA 15230 Washington, DC 20006-3706 Ms. Susan Fanto Ms. Lynn Connor Advanced Plant Safety & Licensing Doc-Search Associates Westinghouse Electric Corporation Post Office Box 34 i Energy Systems Business Unit Cabin John, MD 20818 l P.O. Box 355 i Pittsburgh, PA 15230 Dr. Craig D. Sawyer, Manager  !

Advanced Reactor Programs  !

Mr. Sterling Franks GE Nuclear Energy l U.S. Department of Energy 175 Curtner Avenue, MC-754 NE-50 San Jose, CA 95125 19901 Germantown Road Germantown, MD 20874 Mr. Robert H. Buchholz I GE Nuclear Energy Mr. Frank A. Ross 175 Curtner Avenue, MC-781 U.S. Depariment of Energy, NE-42 San Jose, CA 95125

- Office of LWR Safety and Technology 19901 Germantown Road Barton Z. Cowan, Esq.

Germantown, MD 20874 Eckert Seamans Cherin & Mellott 600 Grant Street 42nd Floor Mr. Charles Thompson, Nuclear Engineer Pittsburgh, PA 15219 AP600 Certification '

NE-50 Mr. Ed Rodwell, Manager 19901 Germantown Road PWR Design Certification Germantown, MD 20874 Electric Power Research Institute 3412 Hillview Avenue Mr. Robert Maiers, P.E. Palo Alto, CA 94303 Pennsylvania Department of Environmental Protection Bureau of Radiation Protection

. Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469 l

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