ML20236P629
| ML20236P629 | |
| 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 9807170058 | |
| Download: ML20236P629 (3) | |
Text
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WASHINGTON, D.C. 20665 4001 July 14, 1998 Mr. Brian A. McIntyre, Manager Advanced Plant Safety and Licensing Energy Systems Business Unit Westinghouse Electric Compsny P.O. Box 355 Pittsburgh, PA 15230-0355
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE OF WESTINGHOUSE AP600 DESIGN LETTER OF DECEMBER 15,1992
Dear Mr,
McIntyre:
l Westinghouse letter ET-NRC-92-3779, dated December 15,1992, submitted two attachments marked as proprietary related to the AP600 design certification. One of the attachments, l
proprietary document (1), was titled: "AP600 PASSIVE RESIDUAL HEAT REMOVAL HEAT l
EXCHANGER TEST FINAL REPORT," WCAP-12980 (Revision 1). The report evaluates the l
data on the heat transfer behavior from a long vertical heat exchanger submerged in a large j
tank of water at ambient pressure. Also attached with the letter was proprietary document (2), a preliminary description of AP600 refueling outage plan activities which is discussed on page 2 of l
this letter.
In the letter, Westinghouse stated that certain information in document (1), WCAP-12980, was considered proprietary and requested that it be withheld from public disclosure pursuant to l
10 CFR 2.790. The non-proprietary version of the AP600 passive residual heat exchanger test l
final report (WCAP-13573) was also enclosed with your letter for placement into the Public l
Document Room. Affidavit AW-92-382 dated December 11,1992, and executed by Peter J.
Morris claims, in part, that the information is classified as proprietary because "[t]he development i
of the technology described in part by the information is the result of applying the results of many l
years of experience in an intensive Westinghouse effort and the expenditure of a considerable l
sum of money." In addition, the affidavit also states that this information should be considered exempt from mandatory public disclosure for the following reason:
- 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 l
advantage, e.g., by optimization or improved marketability.
We have reviewed your attached submittal of WCAP-12980 in accordance with the requirements of 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 information.
Therefore, we nave determined that WCAP-12980 (revirdbn 1) enclosed in Westinghouse letter ET-NRC-92-3779, dated December 15,1992, 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.
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Mr. Brian A. McIntyre July 14,1998 i
Withholding frpa public inspection shall not affect the right, if any, of persons properly and directly concemed 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, ensure that the consultants have signed the appropriate agreements for hhndling 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 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 4
includes your withheld information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
We have also reviewed document (2) of the December 15,1992 letter, which provides a preliminary description of AP600 refueling outage plan activities in accordance with the requirements of 10 CFR 2.790. Westinghouse stated that the document was preliminary and would be replaced by a revised document. The staff is unaware of any revised document which superseded the docketed refueling plan. In addition, the preliminary refueling outage plan enclosed with your letter and marked proprietary was not bracketed and did not appear to contain any information that the staff customarily accepts as proprietary. As a result, the staff has determined that the submitted information sought to be withheld does not contain trade secrets or proprietary commercial information.
In accordance with 10 CFR 2.790(c), this letter is being forwarded to you as notice that the enclosure to your December 15,1992 letter on the AP600 preliminary refueling outage plan will be placed in the NRC Public Document Room thirty (30) days from the date of this letter. If within thirty (30) days of this letter, you request withdrawal of these documents in accordance with 10 CFR 2.790(c), or provide additional reasons for the withholding of information from the documents enclosed, 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:
William C. Huffman, Project Manager Standardization Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation DISTRIBUTION:
Docket File PDST R/F TQuay PUBLIC TKenyon WHuffman JSebrosky DScaletti JNWilson ACRS (11)
JMoore,0-15 B18 MPSiemien,0-15 B18 DOCUMENT NAME: A:PRPRITRY.47 Te receive a copy of this document. Indicate in the boa: *C" = Copy without attachment / enclosure
- E' - Copy with attachment /en.:tosure
- N' = No copy OFFICE PM:PDST:DRPM l OGC n/lf' PDST:DRPM l <..
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NAME WCHuffman:s(j% MPSiemien \\@)
TRQuay-YA DATE 07/B /98 07/\\D98 07/W /98 OFFICIAL RECORD COPY
~ _ _ _
Mr. B. A. McIntyre Docket No.52-003 Westinghouse Electric Company AP600 cc:
Mr. H. A. Sepp Mr. Russ Bell l
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 Energy Systems Business Unit Cabin John, MD 20818 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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