ML20236P625
| ML20236P625 | |
| Person / Time | |
|---|---|
| Site: | 05200003 |
| Issue date: | 07/14/1998 |
| From: | Huffman W NRC (Affiliation Not Assigned) |
| To: | Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9807170056 | |
| Download: ML20236P625 (3) | |
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\\.....[t WASHINGTON, D.C. 3066H001 July 14, 1998 Mr. Brian A. McIntyre, Manager Advanced Plant Safety and Licensing l
Energy Systems Business Unit i
Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOS WESTINGHOUSE AP600 DESIGN LETTER OF MARCH 2,1998
Dear Mr. McIntyre:
By Westinghouse letter NSD-NRC-98-5594, dated March 2,1998, you submitted a revised
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response to Nuclear Regulatory Commission (NRC) request for additional information (RAl) 440.576 on the AP600 OSU test analysis report and final data report.
In your letter, you stated that certain information in RAI response 440.576 (revision 1) is considered proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. The non-proprietary version of the RAI was provided in Westinghouse letter NSD-NRC-98-5600, dated March 5,1998, for placement into the Public Document Room.
Affidavit AW-98-1216 dated March 2,1998, and executed by you claims, in pait, that the information is classified as proprietary because "the development of the technology described in i
part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money " in addition,-
the affidavits also state that this information should be considered exempt fro'm mandatory public disclosure for the following reasons:
The information reveals the distinguishing aspects of a process (or component, structure, a.
tool, method, etc.) where prevention ofits use by any of Westinghouse's competitors i
without license from Westinghouse constitutes a competitive economic advantage over other companies.
b.
It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability, Its use by a competitor would reduce his expenditure of resources or improve his c.
competitive position in the design, manufacture, shipment, installation, assurance of quality, orlicensing a similar product.
l We have reviewed your submittals and the materialin accordance with the requirements of i
10 CFR 2.790 and, on the basis of Westinghouse's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial i
g information
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Mr. Brian A. McIntyre July 14,1998 i
Therefore, we have determined that RAI 440.576 (revision 1) enclosed in Westinghouse letter NSD-NRC 98-5594, dated March 2,1998, marked as 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.
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 l
information to our consultants working in this area. We will, of course,' ensure that the j
consultants have signed the appropriate agreements for handling proprietary information.
if the basis for withhold!ng this information from public disclosure should change in the featre i
such that the information could then be made available for public inspection, you shouk gomptly I
notify the NRC. You should 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 includes your withheld information. In all review situations, if the NRC makes a determination l
adverse to the above, you will be notified in advance of any public disclosure.
Sincerely, l
original signed by:
William C. Huffman, Project Manager Standardization Project Directorate Division of Reactor Program Management
(
Office of Nuclear Reactor Regulation Docket No.52-003 cc: See next page l
DISTRIBUTION:
Docket File PDST R/F TQuay PUBLIC TKenyon WHuffman JSebrosky DScaletti JNWilson l
ACRS (11)
JMoore,0-15 B18 MPSiemien,0-15 B18 p
DOCUMENT NAME: A:PRPRITRY.42 To ree-Ivo e cop 1 of thle document, Indicate in the box.
'C" = Copy without attachrnentlenclosure
'F* = Copy w6th attachment / enclosure "N" = No copy OFFICE PM:PDST:DRPM l OGC
_.l C - PDST:DRPM l
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NAME WCHuffman: SLO"..N MPSiemien dH1 TRQuay '8W DATE 00f_29198 06/ (h/98 08//4/98
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OFFICIAL RECORD COPY
6 Mr. Brian A. McIntyre Docket No.52-003 Westinghouse Electric Company _
AP600 cc:
Mr. H. A. Sepp Mr. Russ Bell Advanced Plant Safety & Licensing Senior Project Manager, Programs I
Westinghouse Electric Corporation Nuclear Energy Institute Energy Systems Business Unit 1776 i 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 Energy Systems Business Unit Cabin John, MD 20618 P.O. Box 355 Pittsburgh, PA 15230 Dr. Craig D. Sawyer, Manager Advanced Reactor Programs Mr. Sterling Franks GE Nuclear Energy 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 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 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
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