ML20247L987
| ML20247L987 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 05/19/1998 |
| From: | Thomas K NRC (Affiliation Not Assigned) |
| To: | Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9805260133 | |
| Download: ML20247L987 (4) | |
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2056 Moo 1 8
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Mr. H. A. Sepp, Manager Regulatory and Licensing Engineering Westinghouse Electric Corporation Nuclear Services Division P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAW-98-1219)
Dear Mr. Sepp:
By letter dated March 17,1998, Union Electric responded to a request for additional information from the NRC dated March 13,1998. Certain portions of this response contained proprietary information and Union Electric requested that these portions be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version was also submitted for placement in the Public Document Room.
An affidavit dated March 17,1998, from Westinghouse Electric Corporation, the owner of the information, was included. Westinghouse Electric Corporation states 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 aconomic advantage, e.g., bu 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."
We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Westinghouse Electric Corporation statements, nave determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.
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Mr. H. A. Sepp May 19,1998 Therefore, we have determined that the information submitted in response to the NRC staff's l
request for additional 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.
Withholding from public inspection shall not affect the right, if 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.
If the basis for withholding this information from public inspection should change in the future l
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 includes 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, Original Signed By Kristine M. Thomas, Project Manager Project Directorate IV-2 Division of Reactor Projects lil/lV Office of Nuclear Reactor Regulation ec: See next page DISTRIBUTION:
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.NAME DATE 5 / l / 98 5 //( / 98 5 /D/ 98 5/h98 5 / ll / 98 OFFICIAL RECORD COPY 1
r Mr. H. A. Sepp May 19, 1998 Therefore, we have determined that the information submitted in response to the NRC staff's request for additional 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.
Withholding from public inspection shall not affect the right, if 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 bandling proprietary information.
t 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 includes 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
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advance of any public disclosure.
i Sincerely, M( h Kristine M. Thomas, Project Manager Project Directorate IV-2 Division of Reactor Projects Ill/IV Office of Nuclear Reactor Regulation ec: See next page
Mr. H. A. Sepp May 19, 1998 l
cc w/encis:
Professional Nuclear Mr. Otto L. Maynard Consulting, Inc.
President and Chief Executive Officer 19041 Raines Drive Wolf Creek Nuclear Operating Corporation
. Derwood, Maryland 20855 P.O. Box 411 Burlington, Kansas 66839 Gerald Chamoff, Esq.
j Thomas A. Baxter, Esq.
Mr. Dan I. Bolef, President Shaw, Pittman, Potts & Trowbridge Kay Drey, Representative 2300 N. Street, N.W.
Board of Directors Coalition Washington, D.C. 20037 for the Environment l
6267 Delmar Boulevard
. Mr. H. D. Bono University City, Missouri 63130 j
Supervising Engineer i
Quality Assurance Regulatory Support Mr. Lee Fritz Union Electric Company Presiding Commissioner Post Office Box 620 Callaway County Court House Fulton, Missouri 65251 10 East Fifth Street Fulton, Missouri 65151 U.S. Nuclear Regulatory Commission Resident inspector Office Mr. Alan C. Passwater, Manager 8201 NRC Road Licensing and Fuels Steedman, Missouri 65077-1302 Union Electric Company Post Office Box 66149 Mr. J. V. Laux, Manager St. Louis, Missouri 63166-6149 Quality Assurance
. Union Electric Company -
Mr. Garry L. Randolph Post Office Box 620 Vice President and Chief Nuclear Officer Fulton, Missouri 65251 Union Electric Company Post Office Box 620 Manager - Electric Department Fulton, Missouri 65251 Missouri Public Service Commission 301 W. High Post Office Box 360 Jefferson City, Missouri 65102 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower & Pavilion 611 Ryan Plaza Drive, Suite 400
. Arlington, Texas 76011-8064
)
Mr. Ronald A. Kucera, Deputy Director
)
Department of Natural Resources P.O. Box 176 Jefferson City, Missouri 65102 i