ML20249B430

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Requests That Westinghouse Review Claim in 970609 & 980407 Affidavits That Info Contained in WCAP-14812,Revs 1 & 2 Proprietary & Notify NRC What Portions of WCAP-14812,if Any, Considered Company Proprietary
ML20249B430
Person / Time
Site: 05200003
Issue date: 06/18/1998
From: Scaletti D
NRC (Affiliation Not Assigned)
To: Mcintyre B
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9806230089
Download: ML20249B430 (3)


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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 200eH001 y,,,,

June 18, 1998 l

l Mr. Brian A. McIntyre, Manager l

Advanced Plant Safety and Licensing Energy Systems Business Unit j

l Westinghouse Electric Corporation

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P.O. Box 355 l

Pittsburgh, PA 15230-0355 j

SUBJECT:

REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION - WCAP-14812,

  • ACCIDENT SPECIFICATION AND PHENOMENA EVALUATION FOR AP600 PCS"

Dear Mr. McIntyre:

By letters NSD-NRC-97-5172, dated June 9,1997, and NSD NRC-98-5660, dated April 6,1998, Westinghouse submitted Revisions 1 and 2 to WCAP-14812 and requested that they be withheld from public disclosure. The requests were made in accordance with 10 CFR 2.790 and are supported by affidavits (AW-E7-1115, and AW-98-1225) executed by you on June 9,1997, and April 7,1998, respectively. Your affidavits claim, in part, that the information is classified as proprietary because "The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort j

and the expenditure of a considerable sum of money." in addition, your affidavits identify 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 the documents you submitted in accordance with the requirements of 10 CFR 2.790 and on the basis of your statements, have determined that much of the information sought to be withheld does not contain trade secrets or proprietary commercial information. On page 4-29 of WCAP-14812, Revision 2, you claim that the statement

" Subsection 4.4.2A provides a summary of related modeling biases"is proprietary. Also, in Section 4.4.8C you have two nearly identical sentences one is considered proprietary the other is not. Similar statements also exist in Revision 1, and both documents contain numerous examples of this nature. Based on its review, the staff has concluded that disclosure of much of the information that you identified as proprietary would not provide a competitor with meaningful information that would improve his competitive position or give him an economic advantage.

Therefore, we are not able to support your claim that the subject documents are proprietary as l

marked.

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Mr. Brian A. McIntyre June 18,'1998 You are requested to review your claim and to notify the staff what portions of WCAP-14812, if any, are still considered company proprietary. If the information is not received, we intend to place the subject document in the NRC Public Document Room in 30 days from the date of this letter, if you wish to withdraw these documents you may do so within the 30-day time period, pursuant to 10 CFR Section 2.790. However, if you decide to withdraw these documents, you should be aware that the staff has relied on the information p esented in WCAP-14812 in the safety evaluation report related the AP600 design; therefore, the required information would need' to be provided in another form.

Sincerely, original signed by:

Dino C. Scaletti, Project Manager l

Standardization Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation i

Docket No.52-003 cc: See next page plSTRIBUTION:

Docket File PDST R/F Touay PUBLIC DScaletti JNWilson ACRS (11)

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.Mr. Brian A. McIntyre.

Docket No.52-003 Westinghouse Electric Corporation AP600 l

' 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 l

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.

1 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 Malers, P.E.

Palo Alto, CA 94303 Pennsylvania Department of Environmental Protection Bureau of Radiation Protection

- Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469 w_-__--__a_

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