ML23270A454
| ML23270A454 | |
| Person / Time | |
|---|---|
| Site: | 99902111 |
| Issue date: | 09/29/2023 |
| From: | Gleaves W Office of Nuclear Reactor Regulation |
| To: | Harper Z Westinghouse |
| References | |
| AW-23-019 | |
| Download: ML23270A454 (3) | |
Text
September 29, 2023 Mr. Zachary S. Harper, Senior Manager Licensing Engineering Westinghouse Electric Company 1000 Westinghouse Drive Building 1 Cranberry Township, PA 16066
SUBJECT:
REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE, WESTINGHOUSE AP300 SMALL MODULAR REACTOR PRE-APPLICATION REGULATORY ENGAGEMENT PLAN
REFERENCE:
Westinghouse Affidavit AW-23-019
Dear Mr. Harper:
By letter dated May 3, 2022 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23124A013), Westinghouse Electric Company submitted in, an affidavit, signed by yourself and dated May 3, 2023, requesting the information contained in Enclosure 2 (ML23124A014) to the letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. is marked as Westinghouse Proprietary Class 2 at the top of every page. The non-proprietary (public) version of the proprietary Enclosure 2 may be found in Enclosure 3 (ML23124A015).
The affidavit stated that, pursuant to 10 CFR 2.390, the submitted information is trade secret, privileged, or as confidential commercial or financial information and should be considered exempt from mandatory public disclosure for the following reasons:
- 1. The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse Electric Company.
- 2. The information is of a type held in confidence by Westinghouse Electric Company and not customarily disclosed to the public.
- 3. The information is transmitted to the Commission in confidence.
- 4. The information sought to be protected is not available in public.
The information should be held in confidence for the following reasons (itemized as (a), (c), and (e) in Enclosure 2):
(a)
The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of
Westinghouses 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.
(e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390, and on the basis of the statements in the affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the version(s) of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390 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 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. You also 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 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.
If you have any questions regarding this matter, I may be reached at 301-415-5848.
Sincerely,
/RA/
William Billy Gleaves, Sr. Project Manager Licensing and Regulatory Infrastructure Branch Office of Nuclear Reactor Regulation Project No.: 99902111 cc: See next page
- via email NRR-106 OFFICE NRR/NLIB:PM NRR/NLIB:LA NRR/NLIB:BC NRR/NLIB:PM NAME WGleaves (c)
SGreen MHayes*
WGleaves (s)
DATE 9/27/23 09/27/23 9/27/23 9/29/23