ML20236R924
| ML20236R924 | |
| Person / Time | |
|---|---|
| Site: | 05200003 |
| Issue date: | 07/21/1998 |
| From: | Huffman W NRC (Affiliation Not Assigned) |
| To: | Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9807240025 | |
| Download: ML20236R924 (3) | |
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UNITED STATES N O3
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j NUCLEAR REGULATORY COMMISSION i
2 WASHINGTON, D.C. 20666 0001
%.....p July 21,1998 I
j Mr. Brian A. McIntyre, Manager Advanced Plant Safety and Licensing Westinghouse Electric Company 1
P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE l
OF WESTINGHOUSE AP600 DESIGN LETTER OF JULY 6,1994
Dear Mr. McIntyre:
By Westinghouse letter NTD-NRC-94-4178, dated July 6,1994, you submitted two reports documenting aspects bf the AP600 program and marked as proprietary. The specific reports were the "SPES-2 Facility Description," (WCAP-14703, Rev. 0), and the "AP600 Automatic Depressurization System - Test Specification," (WCAP-14112, Rev. 0). The non-proprietary version of these reports, (WCAP-14074 and WCAP-14113), were also enclosed with your letter for placement into the Public Document Room, in your letter, you stated that certain information in WCAP-14073 and WCAP-14112 was considered proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. Affidavit AW-94-653 dated July 8,1994, and executed by you claims, 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, the affidavits also state that this information should be considered exempt from mandatory public disclosure for the following reasons:
j a.
The information reveals the distinguishing aspects of a process (or component, structure, j
tool, method, etc.) where prevention of its use by any of Westinghouse's competitors j
I without license from Westinghouse constitutes a competitive economic advantage over other companies.
i 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.
4 c.
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, gy or licensing a similar product.
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e.
It reveals aspects of past, present, or future Westinghouse or customer funded JO )
development plans and programs of potential commercial value to Westinghouse.
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f.
It contains patentable ideas, for which patent protection may be desirable.
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Y Mr. Brian A. McIntyre July 21, 1998 We have reviewed your submittals and the material 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 have determined that WCAP-14703, (Rev. 0), and WCAP-14112, (Rev. 0),
enclosed in Westinghouse letter NTD-NRC-94-4178, dated July 6,1994, and marked as i
proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section i
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 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 handling 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 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.-
Sincerely, original signed by:
William C. Huffman, Project Manager Standardization Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation I
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,0-15 B18
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- A:PRPRITRY.48 i ' To esosive e cap r of this document indicate in the lion: "C" = Copy without attachment / enclosure
l NAME-WCHuffman:: M.MPSiemie##D TRQuay1CQ DATE 7fh98 MM98 7h/98 OFFICIAL RECORD COPY
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IMr. B. 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 Westinghouse Electric Corporation Nuclear Energy Institute Energy Systems Business Unit 1776 i Street, NW i
P.O. Box 355 Suite 300 1
- 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 c
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 L
Harrisburg, PA 17105-8469 I
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