ML20236V051
| ML20236V051 | |
| 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 9807310265 | |
| Download: ML20236V051 (3) | |
Text
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.....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 INFORMATION ON AP600 BORON DILUTION TRANSIENTS
Dear Mr. McIntyre:
By Westinghouse letter NSD-NRC-96-4792, dated August 8,1996, you submitted informatie'1 on the analyses of boron dilution transients in the AP600. '.ou stated that information enclosed with the submittal was considered proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. Affidavit AW-96-999 dated August 21,1996, and executed by you claims, in part, that the information 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 an NRC letter to Westinghouse dated July 14,1998, the staff stated that it could not complete a proprietary review on the submittal because the information provided was not bracketed to indicate what specifically was proprietary and because a non-proprietary version had not been provided to the NRC for placement into the public document room.
Westinghouse letter NSD-NRC-98-5739 dated July 20,1998, provided a bracketed version of the proprietary material on the analysis of boron dilution transients in the AP600. The July 20,1998, submittal also provided a non proprietary version of the submitted material for placement into the public document room. In your letter, you provided affidavit AW-98-1266, dated July 20,1998, which states that this information should be considered exempt from mandatory public disclosure for the following reasons:
7 The information reveals the distinguishing aspects of a process (or cortggont, structure, a.
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tool, method, etc.) where prevention of its use by any of Westinghouse's competitors If =
without license from Westinghouse constitutes a competitive economic advantage over other companies.
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, j
orlicensing a similar product.
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l Mr. Brian A. McIntyre July 29, 1998 1
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 tne submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, we have determined that the AP600 boron d;lution transient analysis enclosed in Westinghouse letters NSD-NRC-96-4792, dated August 8,1996, and NSD-NRC-98-5739 dated July 20,1998, 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 publi:: disclosure.
Sincerely, 1
original signed by:
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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 DISTRIBUTION:
Docket File PDST R/F TQuay PUBLIC TKenyon WHuffman JSebrosky DScaletti JNWilson ACRS (11)
JMoore,0-15 B18 MPSiemien,0-15 B18 DOCUMENT NAME: A:PRPRITRY.57 To receive a copy of this document, Indicate in the ben: "C" = Copy without attachment / enclosure "f" = Copy with attachment / enclosure "N" - No copy OFFICE PM:PDST:DRPM l
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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 17761 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 Cabia John, MD 20818 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 Nuchar Energy Mr. Frank A. Ross 175 Curtnsr 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.
I 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 Harrisburg, PA 17105-8469 1
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