ML20249B851

Advises That Listed Documents Contains Trade Secrets of Proprietary Commercial Info & Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954,as Amended

ML20249B851
Person / Time
Site:	05200003
Issue date:	06/22/1998
From:	Scaletti D NRC (Affiliation Not Assigned)
To:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9806240320
Download: ML20249B851 (3)

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NUCLEAR REGULATORY COMMISSION k

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Mr. Brian A. McIntyre, Manager i

Advanced Plant Safety and Licensing l

Energy Systems Business Unit Westinghouse Electric Corporation l

P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION As part of the continuing review for design certification of the AP600 design, Westinghouse submitted the following documents for staff review:

Document Date Affidavit DATE Document Subject NSD-f;RC 98-5526 01/16/98 AW-98-1197 01/16/98 Proprietary package consisting responses to NRC FSER open items NSD-NRC-98-5567 02/13/98 AW-98-1197 01/16/98 Proprietary package consisting of a change page to the above response to FSER Open item correcting certain subscripts.

NSD-NRC-98-5560 02/20/98 AW-98-1202 02/06/98 Proprietary package consisting of revs to SSAR 6.2 markup &

evaluation model changes.

Westinghouse requested that those portions of the above documents outlined by brackets be withheld from public disclosure. The requests were made in accordance with 10 CFR 2.790 and are supported by affidavits executed by you, as identified above. These 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 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.

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 econorr,ic I

advantage, e.g., by optimization or improved marketability.

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Mr. Bnan A. McIntyre. June 22, 1998

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Its 'use by_ a competitor would reduce h;s 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 the information sought to be

withheld contains trade secrets or proprietary commercial information. Therefore, those portions of the above documents identified by brackets 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. Copies of the nonproprietary information for the three documents have been placed in the Nuclear Regulatory Commission's (NRC) Public Document Room.

,. 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 such that

the information could then be made available for public inspection, you should promptly notify the

? NRC. iYou 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 included 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.

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- Sincerely, original signed by:

Dino C. Scaletti, Project Manager Standardization Project Directorate Division of Reactor Program Management I

Office of Nuclear Reactor Regulation Docket No.52-003

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Mr. B. A. McIntyre Docket No.52-003 Westinghouse Electric Corporation AP600

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cc:

Mr. Nicholas J. Liparulo, Manager Mr. Russ Bell Nuclear Safety and Regulatory Analysis Sonic r Project Manager, Programs Nuclear and Advanced Technology Division Nuclear Energy institute Westinghouse Electric Corporation 17761 Street, NW P.O. Box 355 Suite 300 Pittsburgh, PA 15230 Washington, DC 20006-3706 Ms. Cindy L. Haag 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 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 Costification 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 Environment! Protection Bureau of Radiation Protection

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

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