ML20247C382
| ML20247C382 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 03/20/1989 |
| From: | Tam P Office of Nuclear Reactor Regulation |
| To: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| TAC-69219, TAC-71086, NUDOCS 8903300178 | |
| Download: ML20247C382 (4) | |
Text
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UNITED STATES j h.
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WASHINGTON, D. C. 20666
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March 20, 1989 i
- Docket No. 50-412 1
Mr. Robert A. Wiesemann, Manager Regulatory 8 Legislative Affairs t
Westinghouse Electric Corporation Box 355-Pittsburgh, Pennsylvania.15230-0355
Dear Mr. Wiesemann:
SUBJECT:
. BEAVER VALLEY UNIT 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. 71086 AND 69219)
By application dated February 24, 1989, Duquesne Light Company (DLC) submitted your affidavit and WCAP-12094 Supplement 1 entitled, " Additional Infomation In Support of the Evaluation of Themal-Stratification for Beaver Valley Unit 2 Pressurizer Surge Line," and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
You stated that-the submitted 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, 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.
(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, or licensing a similar product.
(d) It reveals cost or price infomation, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e) It reveals aspects of past, present, or future Westinghouse or custonier funded development plans and programs of potential cammercial value to Westinghouse.
,(f) It contains patentable ideas, for which patent protection may be desirable.
(g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.
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890330017e 890320 DR ADOCK 0500 2
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Mr. Robert A. Wiesemann '
We have reviewed your application and the material based on the requirements.
and criteria of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains trade j
secrets or proprietary commercial infomation.
1 Therefore, the version of the submitted information 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.
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Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned 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.
l 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, such as, if the scope of a Freedom of Information Act request includes your 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, S-Pet r S. Tam, Senior Project Manager Project Directorate I-4 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation cc: See next page i
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,-.O Mr. Robert A.'Wiesemann Beaver Valley Power Station -
Units 1 A 2 cc:
Jay E. Silberg, Esquire.
Bureau of Radiation Protection.
Shaw, Pittman, Potts and Trowbridge Pennsylvania Department of 2300 N Street, N.W.
Environmental Resources Washington, DC 20037 ATTN:
R. Janati Post Office Box 2063 Kenny Grada, Manager Harrisburg, Pennsylvania 17120 Nuclear Safety-
.Duquesne Light Company Mayor of the Borrough'of
.P. O. Box 4' Shippingport
-Shippingport, Pennsylvania 15077 Post Office Box 3 Shippingport.-Pennsylvania 15077 John A. Lee, Esquire Ashley C. Schannauer Duquesne Light Company Assistant City Solicitor One Oxford Centre-City of Pittsburgh 301 Grant Street 313 City-County Building Pittsburgh, Pennsylvania 15279 Pittsburgh, Pennsylvania 15219 W.F.L Camichael, Connissioner Regional Administrator, Region I-Department of Labor U.S. Nuclear Regulatory Commission 1800 Washington Street East 475 Allendale Road Charleston, West Virginia 25305 King of Prussia, Pennsylvania 19406 John D. Borrows Resident Inspector Director, Utilities Department U.S. Nuclear Regulatory Commission Public Utilities Comission Post Office Box 181 180 East Broad Street Shippingport, Pennsylvania 15077 Columbus, Ohio 43266-0573 Director, Pennsylvania Emergency Mr. J. D. Sieber, Vice President Management Agency Nuclear Group Post Office Box 3321 Duquesne Light Company Harrisburg, Pennsylvania 17105-3321 Post Office Box 4 Shippingport, Pennsylvania 15077 i
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l Mr. Robert A. Wiesemann,
We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
Therefore, the version of the submitted information marked as p(5)prietary will ro be withheld from public disclosure pursuant to 10 CFR 2.790(b) 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 concerned to inspect the documents.
If the need arises, we may send copies of this information to our consultants working in l
.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 I
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, such as, if the scope of a Freedom of Information Act request includes your 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 ed b Peter. Tam, S ior Project Manager Project Directorate I-4 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation cc: See next page DISTRIBUTION i
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