ML20236T136

Advises That Info Contained in TRs WCAP-12945-P-A & WCAP-14747,respectively Submitted in Ltr NTD-NRC-95-4406, Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5) & Section 103(b) of AEC of 1954,as Amended

ML20236T136
Person / Time
Site:	05200003
Issue date:	07/22/1998
From:	Huffman W NRC (Affiliation Not Assigned)
To:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9807270455
Download: ML20236T136 (3)

Text

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% s... /p July 22, 1998 Mr. Brian A. McIntyre, Manager Advanced Plant Safety and Licensing Energy Systems Business Unit Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355 SUBJECTi REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE ON

. WESTINGHOUSE PRELIMINARY RAI RESPONSES RELATED TO

WCOBRATTRAC

Dear Mr. McIntyre:

By Westinghouse !stier NTD NRC-95-4406, dated February 10,1995, you submitted selected responses to the staffs requests for additional information (RAls) related to the WCOBRA/ TRAC computer code, in your letter, you stated that certain information in this report was considered proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

Although the RAI responses were not bracketed to indicate the specific aspects considered i

proprietary, your letter of February 9,1995 (NTD-NRC-95-4399), stated that the RAI responses -

! were preliminary and that publication of standard proprietary and non-proprietary versions would l be provided to the NRC when the RAI responses were finalized. A bracketed proprietary version of the RAI responses and non-proprietary versions were subsequently included in Westinghouse reports, WCAP-12945-P-A and WCAP-14747 respectively, submitted by Westinghouse letter NSD-NRC-98-5626, dated March 19,1998.

Your February 10,1995, letter noted that the material had been sent the previous day to the NRC by Westinghouse letter NTD-NRC-95-4399, dated February 9 [ sic-February 10],1995, to support l an ACRS meeting. Although the February 10,1995, letter did not have an affidavit attached, the I staff will accept the affidavit provided in the February 9,1995, letter associated with the same proprietary material due to the special circumstances of the submittal. Affidavit AW-95-781 i dated February 10,1995, and executed by you claims, in part, that the information in the preliminary WCOBRA/ TRAC RAI responses is classified as proprietary because "[t]he l 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 affidavit also states that mis information should be considered exempt from mandatory public disclosure for the following reasons:

a. The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors

.w ithout license from Westinghouse constitutes a competitive economic advantage over g

other companies. O

b. It consists of supporting dets, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic ' , h, advantage, e.g., by optimization or improved marketability. -p 9807270455 9807' PDR ADOCK 052 3 A DR

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? Mr. Brian A. McIntyre July 22,1998

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, or licensing a similar product.

d. It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

e. It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

f. It contains patentable ideas, for which patent protection may be desirable.

We have reviewed your submittal and the enclosed 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 the preliminary WCOBRA/ TRAC RAI responses enclosed in Westinghouse letter NTD-NRC-95-4406, dated February 10,1995, and 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 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, Proj,ect Manager Standardization Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation

)ocket No.52-003 cc: See next page DISTRIBUTION:

Docket File PDST R/F TQuay PUBl.lC TKenyon WHuffman JSebcosky DScaletti JNWilson ACRS (11) JMoore,0-15 B18 MPSiemien,0-15 B18 DOCUMENT NAME: A:PRPRITRY.55 Ig geceive a copy of this document. InsRg31e n th. tmx 'C" = Conv withe ut_ attachtrent8 enclosure 'E" = Cr ov wi'h attachmefqtigg!ssum "N" = No cooy OFFICE PM:PDST:DRPM ._

OGC 7, PDST:DRPM c- l l NAME WCHuffman:s4 C(,WPSiemien $b TRQuay 1%/ "

DATE 07/[77/98 N7/ C/98 07/ W/98 OFFICIAL RECORD COPY

Mr. B. A. McIntyre Docket No.52-003 Westinghouse Electric Company AP600 l

l cc: Mr. H. A. - Sepp Mr. Russ Bell

! Advanced Plant Safety & Licensing Senior Project Manager, Prograrns 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 l Energy Systems Business Unit Cabin John, MD 20818 P.O. Box 355 Pittsburgh, PA 15230 Dr. Craig D. Sawyer, Manager Advanced Rea:: tor Programs i Mr. Sterling Franks GE Nuclear Energy l U.S. Department of Energy 175 Curtner Avenue, MC-754 l NE-50 San Jose, CA 95125 l 19901 Germantown Road

Germantown, MD 20874 Mr. Robert H. Buchholz l

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 l NE-50 Mr. Ed Rodwell, Manager I 19901 Germantown Road PWR Gesign 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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