ML24087A003
| ML24087A003 | |
| Person / Time | |
|---|---|
| Site: | 99902111 |
| Issue date: | 04/01/2024 |
| From: | Glisan J NRC/NRR/DNRL/NLIB |
| To: | Harper Z Westinghouse |
| References | |
| Download: ML24087A003 (3) | |
Text
April 1, 2024 Mr. Zachary S. Harper Sr. Manager Licensing Engineering Westinghouse Electric Company 1000 Westinghouse Drive Building 1 Cranberry Township, PA 16066
SUBJECT:
RESPONSE TO REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE, TRANSMITTAL OF THE WESTINGHOUSE AP300 SMR PRE-APPLICATION REGULATORY ENGAGEMENT PLAN PERIODIC UPDATE - FEBRUARY
REFERENCE:
Westinghouse Affidavit AW-24-009
Dear Mr. Harper:
By letter dated February 28, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24060A243), Westinghouse Electric Company submitted by letter, an affidavit, requesting the subject regulatory engagement plan contained in Enclosure 3 (ML24060A245) 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. Enclosure 3 is dated February 2024 and marked as Westinghouse Proprietary Class 2 on every page.
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 as stated in Section 4 of the affidavit:
- i.
The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse Electric Company and is not customarily disclosed to the public.
ii.
The information sought to be withheld is being transmitted to the Commission in confidence and, to Westinghouses knowledge, is not available in public sources.
iii.
Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justifications and licensing defense services for commercial power reactors without commensurate expenses.
Also, public disclosure of the information would enable others to use the information to meet U.S. Nuclear Regulatory Commission (NRC) requirements for licensing documentation without purchasing the right to use the information.
The information should be held in confidence for the following reasons (itemized as (a), (c), and (e) in Section 5 of the affidavit):
(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 via email at Jordan.Glisan@nrc.gov.
Sincerely,
/RA/
Jordan D. Glisan, Project Manager Licensing and Regulatory Infrastructure Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Project No.: 99902111 cc: Westinghouse AP300 Design Certification
ML24087A003 NRR-106 OFFICE NRR/NLIB:PM NRR/NLIB:LA NRR/NLIB: BC NRR/NLIB:PM NAME JGlisan SGreen MHayes BGleaves DATE 03/26/2024 03/27/2024 03/28/2024 04/01/2024