ML24361A017
| ML24361A017 | |
| Person / Time | |
|---|---|
| Site: | 99902111 |
| Issue date: | 12/31/2024 |
| From: | Gleaves W NRC/NRR/DNRL/NLIB |
| To: | Christian R Westinghouse |
| References | |
| AW-24-082 | |
| Download: ML24361A017 (3) | |
Text
December 31, 2024 Ms. Rachel Christian New Plants Licensing Manager Westinghouse Electric Company 1000 Westinghouse Drive, Building 1 Cranberry Township, PA 16066
SUBJECT:
RESPONSE TO REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE, WESTINGHOUSE AP300 LETTER SMR_LTR_240090
REFERENCE:
Westinghouse Affidavit AW-24-082
Dear Ms. Christian:
By proprietary letter dated December 18, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24353A324) (Westinghouse document number SMR_LTR_240090), Westinghouse Electric Company submitted, in the letters enclosure, an affidavit (ML24353A326) dated December 18, 2024, requesting the subject letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
The affidavit stated, in part, that pursuant to 10 CFR 2.390, the letter includes trade secret, privileged, or 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 and is not customarily disclosed to the public.
- 2. The information is transmitted to the Commission in confidence and is not available in public sources.
- 3. The public disclosure of this proprietary 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 without commensurate expenses.
- 4. Public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
The information should be held in confidence for the reasons identified in paragraphs (5)(a) and (5)(c) (Section 5 of Enclosure 1 lists the types of information held in confidence by Westinghouse, as items (a) through (f)) and identifies the proprietary information in enclosure to be as follows:
(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.
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 affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, 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 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 a need to know and 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 Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Project No.: 99902111 cc: GovDelivery
SGreen*
VHuckabay (for MHayes)*
WGleaves* (s)
DATE 12/23/24 12/30/24 12/31/24 12/31/24