ML20237C480
| ML20237C480 | |
| Person / Time | |
|---|---|
| Site: | 05200003 |
| Issue date: | 08/20/1998 |
| From: | Huffman W NRC (Affiliation Not Assigned) |
| To: | Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9808210212 | |
| Download: ML20237C480 (3) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION 3
I WASHINGTON, D.C. 20066 4001
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August 20, 1998 3
Mr. Brian A. McIntyre, Manager Advanced Plant Safety and Licensing Energy Systems Business Unit Westinghouse Electric Company P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 j
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SUBJECT:
WITHHOLDING AP600 RELATED ADVISORY COMMITTEE ON REACTOR SAFEGUARDS (ACRS) MEETING PRESENTATION MATERIAL FROM PUBLiC i
DISCLOSURE 1
Dear Mr. McIntyre-1 I
in Nuclear Regulatory Commission (NRC) letter dated May 28,1998, Westinghouse was I
provided presentation material from a February 12 through 14,1997, ACRS Thermal-Hydraulic j
subcommittee meeting on the NRC's AP600 confirmatory testing and analysis program and j
computer code qualification effort. In the May 28,1998 letter, Westinghouse was requested to review the presentation material for information that could be proprietary to Westinghouse and provide a proprietary assessment to the staff in accordance with 10 CFR 2.790.
By Westinghouse letter NSD-NRC-98-5744, dated August 3,1998, you submitted the NRC requested proprietary assessment on the presentation material from the February 1997 ACRS meeting. In your August 3,1998 letter, you stated that Westinghouse considers unnormalized AP600 test data included in the ACRS presentation material to be proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. Affidavit AW-98-1269 dated August 3,1998, and executed by you claims, that certain information in the ACRS presentation material should be treated as proprietary to Westinghouse and be considered exempt from mandatory public disclosure for the following reasons:
a.
The information reveals the distinguishing aspects of a process (or component, structure,
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tool, method, etc.) where preventior, of its use by any of Westinghouse's competitors J
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, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
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,
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cr licensing a similar product.
l d.
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
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Mr. Brian A. McIntyre August 20, 1998 l
While the staff agrees that test data obtained or sponsored by Westinghouse is proprietary, the staff has not yet resolved the proprietary treatment of confirmatory test data related to the AP600 design which was conducted under the NRC purview and funded with agency monies.
However, until this policy matter is clarified, the staff will withhold from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended, the presentation material from the February 12 through 14,1997, ACRS meeting that was enclosed in Westinghouse letter NSD-NRC-98-5744, dated August 3,1998, and marked as Westinghouse proprietary by you. Material from the February 1997 ACRS meeting that was preliminarily marked as proprietary by NRC but not so indicated by Westinghouse, will be placed in the public document room.
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 i
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 l
prenptly 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, I
I original signed by:
William C. Huffman, Project Mancger Standardization Project Directorate i
Division of Reactor Program Management Office of Nuclear Reactor Regulation 1
Docket No.52-003 l
cc: See next page L
DISTRIBUTION:
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Docket File PDST R/F TQuay PUBLIC TKenyon WHuffman i
JSebrosky DScaletti JNWilson ACRS (11)
JMoore,0-15 B18 MPSiemien,0-15 B18 FEltawilia,T-10 E46 DOCUMENT NAME: A:PRPRITRY.60 Te receive e copy of this document, indicate in the box: 'C' = Copy w,thout attachment' enclosure
'E' = Copy with attachtnent/ enclosure
'N' = No copy OFFICE PM:PDST:DRPM l OGC lC PDST:DRPM lc L
l NAME WCHuffman:W MPSiemien OQY)
TRQuay Ski DATE M/98 K/N98 7/-d98 OFFICIAL RECORD COPY
s 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 i Street, NW P.O. Box 355 Suite 300 Pittsburgh, PA 15230 Washington, DC 20006-3706 Ms. Susan Fanto Ms. Lynn Connor l
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 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 l
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 B469 Harrisburg, PA 17105-8469
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