ML20236R028

Suggests Westinghouse Review Request for Withholding Info from Public Disclosure Re WCAP-14135,rev 1 & Notifiy Staff as to What Portions Considered Company Proprietary.Document Will Be Placed in PDR 30 Days from Date of This Ltr

ML20236R028
Person / Time
Site:	05200003
Issue date:	07/20/1998
From:	Scaletti D NRC (Affiliation Not Assigned)
To:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9807210195
Download: ML20236R028 (3)

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UNITED STATES j

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HUCLEAR REGULATORY COMMISSION WAsHmO1foN, D.C. 30005-0001 k*,.

July 20,1998 L0

'Mr. Brian k McIntyre, Man' ager Advanced Plant Safety and Licensing Energy Systems Business Unit

. Westinghouse Electric Company

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

SUBJECT:

REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION - WCAP-14135,

" FINAL TEST REPORT FOR PCS LARGE-SCALE TESTS, PHASE 2 AND

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PHASE 3"

Dear Mr. McIntyre:

By letters NSD NRC-04-4243, dated July 29,1994, and NSD NRC-97-5088, dated April 28,1997,

. Westinghouse submitted WCAP-14135 and WCAP-14135, Revision 1 and requested that they be withheld from public disclosure. The requests were made in accordance with 10 CFR 2.790 and are supported by affidavits (AW-94-695, and AW 97-1103) executed by you on July 29, 1994, and April 9,1997, respectively. Your affidavits claim, in part, that the information is classified as proprietary because "The development of the technology described in 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, your j

. affidavits identify the following reasons:

The information reveals the distinguishing aspects of a process (or component, structure, a.

tool, method, etc.) where prevention of its use by any of Westinghouse's competitors 4

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 0

. 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, i

orlicensing a similar product.

We have reviewed the documents you submitted in accordance with the requirements of 10 CFR 2.790 and on the basis of your statements, we are unable to determine what information is c

considered proprietary and in some cases why it is considered proprietary due to an inconsistency in, or lack of, proprietary markings. The staff's dilemma exists because the nonproprietary version of the document reveals information that is marked as proprietary; the nonproprietary and proprietary versions of the documents indicate different reasons for the proprietary claim; and because the drawings contained in WCAP-14135, Revision 1, are marked as proprietary, however, the reasons the drawings are considered proprietary is not indicated.

~ You are requested to review your claim and to notify the staff as to what portions of WCAP-14135, Revision 1, are considered company proprietary, if the information is not i

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Mr. Brian A. McIntyre. July 20,1998 received, we intend to place the proprietary document (WCAP-14135, Revision 1) in the NRC Public Document Room in 30 days from the date of this letter. If you wish to withdraw these

. documents you may do so within the 30-day time period, pursuant to 10 CFR Section 2.790.

However, if you decide to withdraw these documents, you should be aware that the staff has relied on the information presented in WCAP-14135 in the safety evaluation report related the AP600 design; therefore, the required information would need to be provided in another form.

t-i it should be noted that the staff's safety evaluation of the AP600 design relies only on l

WCAP-14135, Revision 1; therefore, we plan to retum the version of WCAP-14135 submitted July 29,1994 without a proprietary determination. Also, the nonproprietary information, WCAP-14138, will need to be revised in that portions of this document appear to disclose pro. prietary information and have been withhold from public disclosure, L,

Sincerely, original signed by:

Dino C. Scaletti, Project Manager Standardization Project Directorate l

Division of Reactor Program Management l

Office of Nuclear Reactor Regulation Docket No.52-003

'd cc: See next page DISTRIBUTION:

i Docket File

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PUBLIC TKenyon WHuffman JSebrosky DScaletti

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DOCUMENT NAME: A: PROP-W.27

' ?See previous concurrence 1,

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TRQuad Ihf, DATE 07/b /98 V 07/16/98 07/LP /d b V*

OFFICIAL RECORD COPY t

L-__-_________-__-_--_-_--_-__________-

3, 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 Pro'ect Manager, Programs l

. Westinghouse Electric Corporation -

Nuclear Energy Institute j

Energy Systems Business Unit 1776 l Street, NW l

P.O. Box 355 Suite 300 l

Pittsburgh, PA 15230 Washington, DC 20006-3706 l

Ms. Susan Fanto Ms. Lynn Connor Advanced Plant Safety & Licensing Doc-Search Associates i

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 Advanced Reactor Programs

. Mr. Storting Franks GE Nuclear Energy U.S. Department of Energy 175 Curtner Avenue, MC-754 NE-50 San Jose, CA 95125 l.

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

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l Office of LWR Safety and Technology l

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 Malers, P.E.

Palo Alto, CA 94303 Pennsylvania Department of Environmental Protection l

Bureau of Radiation Protection Rachel Carson State Office Building P.O. Box 8469 l

Harrisburg, PA 17105-8469 L

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