ML20236P409

Denies Request for Withholding Proprietary Info Re Response to Insp Repts 99900404/97-01 & 99900404/97-02 IAW w/10CFR2.790(c)

ML20236P409
Person / Time
Site:	05200003
Issue date:	07/14/1998
From:	Joshua Wilson NRC (Affiliation Not Assigned)
To:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
REF-QA-99900404 99900404-97-01, 99900404-97-02, 99900404-97-1, 99900404-97-2, NUDOCS 9807160305
Download: ML20236P409 (2)

Text

r--__-_-_-_____-_ _ -_ __ -

July 14,1998 Mr. Brian A. McIntyre, Manager -

63 Advanced Plant Safety and Licensing L Energy Systems Business _ Unit Westinghouse Electric Company'.

P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION - AW-97-1174 By your letter (DCP/NRC-1074), dated Ocbber 16,1997, Westinghouse submitted a response to the U.S. Nuclear Regulatory Commission (NRC) regarding inspection #99900404/97-01 and requested that the response be withheld from public disclosure. The request was made in accordance with 10 CFR 2.790 and was supported by an affidavit (AW-97-1174), executed by J you on October 17,1997, which claims that the information is classi*ied as proprietary because

"[ijt contains commercial strategic information proprietary to Westinghouse and customarily held

- in confidence."

We have reviewed Westinghouse's response to inspection #99900404/97-02, in accordance with the requirements of 10 CFR 2.790, and determined that no Dortions of your response to our inspection have been marked as proprietary with a specific justification, and that nothing within your response meets the requirements of 10 CFR 2.790(a)(4). The NRC's determination was based, in part, on the fact that similar information is available in public sources, such as DCP/NRC-1345.

For the reasons set forth above and in accordance with 10 CFR 2.790(c), your request is denied.

We will place your response to inspection #99900404/97-01 in the NRC Public Document Room 30 days from the date of this letter, if, within the 30-day time period, you request withdrawal of your response in accordance with 10 CFR Section 2.790(c), or provide specific justifications for withholding portions of your response, your request will be considered in light of applicable statutes and regulations and a determination made as to whether the information will be withheld from public disclosure. However, if you decide to request withdrawal of your response, you should be aware that the NRC used that information in its final safety evaluation report to close unresolved items and it must rt.r.'.ain on the AP600 docket.

Sincerely, original signed by:

hu% h"b h I Jerry N. Wilson, Senior Policy Analyst Standardization Project Directorate ,

I 9907160305 990714 Division of Reactor Program Management i P GA y Office of Nuclear Rector Regulation '},

DISTRIBUTION: i Docket File PDST R/F TQuay j

PUBLIC JSebrosky JNWilson j ACRS (11) RGramm; 0-9 A1 JMoore,0-15 B18 i MPSiemien,0-15 B18 -

l 4V l DOCUMENT NAME: A: PROP-W3.JNW .

i To rec 4ve e cop r of this docuneent, hidcate in the bes: *C" = Ccey without ett_e+ ment / enclosure *E" = Copy wkh attachmentlenclosure "N" = No copy OFFICE PM:PDST:DRPM l _ OGC JC PDST:DRPM [ c. l l i L NAME JNWilsh MPSiemien %N TRQuay @L  ;

L DATE 07h3/9F// 07/W98 07/ R /98  ;

[

OFFICIAL RECORD COPY _

= .,

t i

i Mr. Brian A. McIntyre Docket No.52-003 l Westinghouse Electric Corporation AP600 l

l cc: Mr. H. A. Sepp Mr. Russ Bell Advanced Plant Safety & Licensing Senior Project Manager, Programs Westinghouse Electric Corpo ation Nuclear Energy Institute Energy Systems Business Unit 1776 i Street, NW P.O. Box 355 . Suite 300  :

Pittsburgh, PA 1523r' Washington, DC 20006-3706 i Ms. Susan Fanto Ms. Lynn Connor I Advanced Plant Safety & Licensing Doc-Search Associates  ;

Westinghouse Electric Corporation Post Office Box 34  !

l Energy Systems Business Unit Cabin John, MD 20818 P.O. Box 355 Pittsburgh, PA 15230 Dr. Craig D. Sawyer, Manager l Advanced Reactor Programs Mr. Sterling Franks GE Nuclear Energy  ;

U.S. Department of Energy 175 Curtner Avenue, MC-754 i NE-50 San Jose, CA 95125 19901 Germantown Road l Germantown, MD 20874 Mr. Robert H. Buchholz  !

GE Nuclear Energy '

Mr. Frank A. Ross 175 Curtner Avenue, MC-781 U.S. Department of Energy, NE-42 San Jose, CA 95125 Office of LWR Safety and Tecisnology 19901 Germantown Road Barton Z. Cowan, Esq.

Germantown, MD 20874 Eckert Seamans Cherin & Mellott 600 Grcnt 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 l

Germantown, MD 20874 (Csctric Power Research Institute 3412 Hillview Avenue Mr. Robert Malers, P.E. Palo Alto, CA 94303 Pennsylvania Department of Environmental Prc,tection Bureau of Radiation Protection Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469