ML20238F324

Advises That AP600 RAI Responses Encl in Westinghouse Ltrs NTD-NRC-95-4598,dtd 951117,as Modified by NSD-NRC-98-5776, Dtd 980826,marked Proprietary Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b)

ML20238F324
Person / Time
Site:	05200003
Issue date:	08/31/1998
From:	Huffman W NRC (Affiliation Not Assigned)
To:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9809030272
Download: ML20238F324 (3)

Text

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-c>5p aa% 50 3 +4 UNITED STATES g g NUCLEAR REGULATORY COMMISSION o e WASHINGTON, D.C. 20066 4001 August 31, 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 AP600 REQUEST FOR ADDITIONAL INFORMATION (RAl) RESPONSES

Dear Mr. McIntyre:

By Westinghouse letter NTD-NRC-95-4598, dated November 17,1995, you submitted responses to the U. S. Nuclear Regulatory Commission (NRC) RAls on the AP600 test program and computer code validation effort. In an NRC letter to Westinghouse dated February 29, 1996, the staff did not accept the information marked as proprietary in the Westinghouse responses to RAls 440.343 and 440.351 from your November 17,1995, submittal because it appeared to be general in nature or related to the CCTF test program, information on which is available in the open literature.

After further discussion between the staff and Westinghouse on the proprietary nature of the  !

RAI responses to 440.343 and 440.351, Westinghouse resubmitted the RAI responses with O revised proprietary bracketing in letter NSD-NRC-98-5776 dated August 26,1998. The August 26,1998, Westinghouse letter also provided a non-proprietary version of the RAI responses for placement into the public document room. In your August 26,1998 letter, affidavit AW-98-1277, dated August 27,1998, you stated that this information should be %3 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.

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 submitted information sought to be withheld contains trade secrets or proprietary commercial information.

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Mr. Brian A. McIntyre August 31, 1998 l Therefore, we have determined that the AP600 RAl responses enclosed in Westinghouse letters NTD-NRC-95-4598, dated November 17,1995, as modified by NSD-NRC-98-5776 dated August 26,1998, 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 arbes, 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 forwithholding 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 DISTRIBUTION:

Docket File L # PDST R/F TQuay PUBLIC TKenyon WHuffman JSebrosky DScaletti JNWilson ACRS (11) JMoore, 0-15 818 MPSiemien,0-15 B18 DOCUMENT NAME

A:PRPRITRY.61 Te recalve a cop'r of thee document, Indiente in the box: "C" = Copy without er.aehment/ enclosure "E' = Copy with attachment / enclosure *N* = No copy OFFICE PM:PDST:DRPM l .O G C lCiPDST:DRPM lc l l NAME WCHuffman: Sag MPSiemien h% TRQuay @

DATE WQbt98 4 T5/ /98 (/3 /98 OFFICIAL RECORD COPY

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i 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 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 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.0, Box 8469 Harrisburg, PA 17105-8469 1