ML20236T310
| ML20236T310 | |
| 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 9807280106 | |
| Download: ML20236T310 (3) | |
Text
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D.C. 20006 4001 l
Duly 22,1998
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Mr. Brian A. McIntyre, Manager l
Advanced Plant Safety and Licensing Energy Systems Business Unit -
l Westinghouse Electric Company l
P.O. Box 355 Pittsburgh, PA 15230-0355
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE OF i
WESTINGHOUSE AP600 PRELIMINARY VALIDATION REPORT FOR NOTRUMP '
CORE MAKEUP TANX (CMT) MODEL
Dear Mr. McIntyre:
By Westinghouse letter NTD-NRC-94-4330, dated October 31,1994, you submitted the "AP600
- NOTRUMP Core Makeup Tank Preliminary Validation Report." 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 report was not bracketed to
-indicate the specific aspects considered proprietary, you stated that the report was preliminary and that publication of the final report would be incorporated into another Westinghouse report together with a non-proprietary version.
' The AP600 NOTRUMP validation of the CMT tests and modeling was subsequently included in Chapter 6 of the NOTRUMP final validation report for AP600 (WCAP-14807) which was submitted as revision 0 on December 18,1996. A non-proprietary version of this report was submitted as Chapter 6 of WCAP-14808 by Westinghouse letter NSD-NRC-97-4974, dated March 3,1997, for placement into the Public Document Room. Affidavit AW-94-748 dated October 31,- 1994, and executed by you claims, in part, that the information in the AP600 NOTRUMP core makeup tank preliminary validation report is classified as proprietary because
- [t]he 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 this 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 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, U
structure, tool, method, etc.), the application of which data secures a competitive economic
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advantage, e.g., by optimization or improved marketability.
j' '
. c.
Its use by a competitor would reduce his expenditure of resources or improve his
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competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
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PDR ADOCK 05200003 d
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b Mr. Brian A. McIntyre July 22, 1998 i
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d.
' It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
I 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 AP600 NOTRUMP core makeup tank preliminary
- validation report enclosed in Westinghouse letter NTD-NRC-94-4330, dated October 31,1994, 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.
W' ithholding 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 Docket No.52-003 cc:- See next page
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!f Mr. B. A. McIntyre Docket No.52-003 Westinghouse Electric Company AP600 l
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cc:
Mr. H. A. Sepp Mr. Russ Bell
)
Advanced Pla.nt Safety & Licensing Senior Project Manager, Programs Westinghouse Electric Corporation Nuclear Energy Institute Energy Systems Business Unit 1776 I Street, NW l
P.O. Box 355 Suite 300 Pittsburgh, PA 15230 Washington, DC 20006-3706 1
i 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 l
Pittsburgh, PA 15230 Dr. Craig D. Sawyer, Manager Advanced Reactor Programs Mr. Sterling Franks GE Nuclear Energy j
U.S. Department of Energy 175 Curtner Avenue, MC-754 l
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 l
Office of LWR Safety and Technology l
19901 Germantown Road Barton Z. Cowan, Esq.
l 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 l
Mr. Robert Maiers, P.E.
Palo Alto, CA 94303 l
l Pennsylvania Department of l
Environmental Protection Bureau of Radiation Protection Rachel Carson State Office Building P.O. Box 8469 4
Harrisburg, PA 17105-8469 l
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