ML20236U781

Advises That WCAP-14270,rev 1, AP600 LP Integral Sys Test Facility Scaling Rept, Encl in Ltr NSD-NRC-98-5718,dtd 980619 & Marked Proprietary,Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of AEA

ML20236U781
Person / Time
Site:	05200003
Issue date:	07/29/1998
From:	Huffman W NRC (Affiliation Not Assigned)
To:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9807310054
Download: ML20236U781 (3)

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UNITED STATES

, NUCLEAR REGULATORY COMMISSION r WASHINGTON, D.C. 2b566 0001

%.....p July 29, 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

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE CONCERNING WESTINGHOUSE REPORT ON AP600 LOW-PRESSURE INTEGRAL SYSTEMS TEST FACILITY SCALING REPORT

Dear Mr. McIntyre:

By Westinghouse letter NSD-NRC-98-5718, dated June 19,1998, you submitted a report on "AP600 Low-pressure integral Systems Test Facility Scaling Report," (Revision 1), WCAP-14270.

The report evaluates the applicability of the OSU integral systems test data for validating the safety analysis computer codes used to predict the performance of the AP600. The non- 1 proprietary version of this report was also enclosed with yourletter and submitted as  ;

WCAP-14271 (Revision 1) for placement into the Public Document Room. '

i in your June 19,1998 letter, you stated that certain information in WCAP-14270 is considered proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

Affidavit AW-98-1243 dated June 26,1998, and executed by you claims, in part, that the information is classified as proprietary because "[t]he development of the technology described in l 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 iriformation should be considered exempt from mandatory public i disclosure for the following reasons: I

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

tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over I other companies. h,[f),

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.

We have reviewed your submittal and enclosed material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Westinghouse's statements, have determined that the l submitted information sought to be withheld contains trade secrets or proprietary commercial  !

information.  !

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Mr. Brian A. McIntyre July 29, 1998 l

Therefore, we have determined that WCAP-14270 (Revision 1) enclosed in Westinghouse letter NSD-NRC-98-5718, dated June 19,1998, and marked as proprietary, will be withheld from puttiic

]j disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, d as amended.

Withholding from public inspection shall not affect the right, if ans. nf nersons properly and directly concerned to insr$M the documents. If the need ari:,es, we may senaMuios 4,f th!r information to our consultants working in this area. We vlill, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from r,ublic disclosure should change in the future such that the information could then be made cvailable for public inspection, you should promptly ,

notify the NRC. You should understand thatihe NRC may have cause to review this j determination in the future, for example, if the scope of a Freedom of Information Act request i includes your withheld information. In nL 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  ;

1 cc: See next page DISTRIBUTION:

Docket File PDST R/F TQuay l PUBLIC TKenyon WHuffman  ;

JSebrosky DScaletti JNWilson i ACRS (11) JMoore,0-15 B18 MPSiemien,0-15 B18 i

l DOCUMENT NAME: A:PRPRITRY.58 To rec *ive a cop 1 cf thle docurwt, Indicate in the box: "C* = Copy w6thout ettschtnentlenclosure 'E" = Copy with attachment / enclosure *N" u No copy OFFICE PM:PDST:DRPM l OGC M PDST:DRPM [_ l l l NAME WCHuffma6:3DDidey-- MPSiemien Mf't TRQuay 1N DATE -)Q)798 9 /$ /98 1 / M /98 OFFICIAL RECORD COPY L

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b Mr. 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 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 i U.S. Department of Energy 175 Curtner Avenue, MC-754 i 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 I 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 i 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 17105-8460 i g .