ML20237E601

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Advises That Info Contained in Ltrs NSD-NRC-98-5745 & AW-98-1271,dtd 980805,marked Proprietary Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954,as Amended
ML20237E601
Person / Time
Issue date: 08/25/1998
From: Wen P
NRC (Affiliation Not Assigned)
To: Sepp H
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9809010064
Download: ML20237E601 (4)


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.' NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 3000H001 4-9*****

August 25, 1998 L

Mr. H. A. Sepp, Manager l

. Regulatory and Licensing Engineering

' Westinghouse Electric Corporation Mail Stop ECE 4-07A Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC 1

DISCLOSURE, WESTINGHOUSE LETTER OF AUGUST 5,1998

Dear Mr. Sepp:

L By your letter (NSD-NRC-98-5745) dated August 5,1998, you submitted both proprietary and I

non-proprietary versions of the Westinghouse presentation material from the

. Westinghouse /NRC meeting on Update of Westinghouse High Bumup Plans - August 6,1998.

in letter AW-98-1271, also dated August 5,1998, you requested the proprietary material be '

j withheld from public disclosure in accordance with 10 CFR 2.790. This is the response to that request.' The non-proprietary version of the material will be placed in the Public Document Room.

In the affidavit dated August 5,'1998, you stated that Westinghouse considered certain I

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information proprietary and requested that it be withheld from public disclosure pursuant to

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10 CFR 2.790.; The affidavit 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, k$/3 structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license ' rom Westinghouse constitutes a competitive economic advantage over other ampanies.

-(c)

Its use by a competitor would reduce his expenditure of resources or impron his competitive position in the design, manufacture, shipment,-installation, assurance of quality, or licensing a similar product.

- We have carefully reviewed your August 5,1998, request and the information container' in your request. We have concluded that the submitted information sought to be withheld co*

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trade secrets or proprietary commercial information. Therefore, the version of the su! aitted information marked as proprietary will be withheld from public disclosure pursuant to l

10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

9909010064 990825 PDR. TOPRP EMWEST C

PDR W/ 73

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i Mr. H. A. Sepp August 25. 1998 Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document. 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 inspection 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 also 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 included your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, f.e f,c. M Peter C. Wen, Project Manager Generic Issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation ec: See Next Page

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.O Mr. Henry A. Sepp August 25, 1998 r

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. Withholding from public inspection shall not affect the right, :f any, of persons properly and directly concemed to inspect the document. 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.

l If the basis for withholding this information from public inspection should change in the future j

such that the information could then be made available for public inspection, you should l

promptly notify the NRC. You should also understand that the NRC may have cause to review l

this determination in the future, for example, if the scope of a Freedom of Information Act j

request included your information. In all review situations, if the NRC needs additional Information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, l

Original Signed By]

Peter C. Wen, Project Manager Generic issues and Environmental

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Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation j

cc: See Next Page Distribution:

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Mr. Nicholas Liparulo, Manager Regulatory and Engineering Networks Westinghouse Electric Corporation Mail Stop ECE 4-15 P.O. Box 350 Pittsburgh, PA 15230-0355 Mr. Jack Bastin, Director Regulatory Affairs -

Westinghouse Electric Corporation 11921 Rockville Pike

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Suite 107 Rockville, MD 20852 l

Mr. Sumit Ray, Manager

.. Fuel Licensing Westinghouse Electric Corporation Mail Stop ECE 4-24 l

PO Box 355 Pittsburgh, PA 15230-0355 i