ML20249B451
| ML20249B451 | |
| Person / Time | |
|---|---|
| Site: | 05200003 |
| Issue date: | 06/19/1998 |
| From: | Huffman W NRC (Affiliation Not Assigned) |
| To: | Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 9806230133 | |
| Download: ML20249B451 (3) | |
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WASHINGTON, D.C. 30e56 0001 June 19,1998 Mr. Brian A. McIntyre, Manager Advanced Plant Safety and Ucensing Energy Systems Business Unit Westinghouse Electric Company P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR WESTINGHOUSE AP600 WCOBRA/ TRAC LONG-TERM COOLING FINAL VAllDATION REPORT
Dear Mr. McIntyre:
By Westinghouse letter NSD NRC-98-5663, dated April 8,1998, you submitted the "WCOBRA/ TRAC OSU LONG-TERM COOLING FINAL VALIDATION REPORT,"
WCAP-14776 (Revision 4). The report evaluates the performance of the WCOBRA/ TRAC computer code in predicting the long-term cooling thermal-hydraulic effects observed in the Oregon State University (OSU) integral systems test facility. Similarly, by Westinghouse letter NSD-NRC-96-4877, dated November 6,1996, you submitted revision 1 of this report which was subsequently modified and revised to the current version of WCAP-14776, revision 4.
In both the April 8,1998, letter and the November 6,1996, letter, you stated that certain information in WCAP-14776 was considered proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. The non-proprietary versions of WCAP-14776 were submitted as WCAP-14777 in Westinghouse letters NSD-NRC-97-4969, dated January 31,1997 (revision 1), and NSD NRC-98-5694, dated May 14,1998 (revision 4), for placement into the Public Document Room. Affidavit AW-96-1037 dated November 6,1996, and Affidavit AW 98-1228 dated April 8,1998, were both executed by you pertain to revisions 1 and 4 of WCAP-14776 respectively. Each Affidavit claims, 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 and the expenditure of a considerable sum of money." In addition, the affidavits also state that this information should b? considered exempt from mandatory public disclosure for the following reasons:
The information reveals the distinguishing aspects of a process (or component, structure, a.
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.
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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, orlicensing a similar product.
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We have reviewed your submittals and the 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.
Therefore, we have determined that WCAP-14776 (revision 1) enclosed in Westinghouse letter NSD-NRC-96-4877, dated November 6,1996, and WCAP-14776 (revision 4) enclosed in Westinghouse letter NSD-NRC-98-5663, dated April 8,1998, both of which are 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 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 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 PDST R/F -
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Mr. Brian 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 j
Westinghouse Electric Corporation Post Office Box 34 1
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 l
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 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
.