NSD-NRC-98-5753, Responds to Ref NRC Ltrs & W Ltr Re Request for Withholding Proprietary Info Re AP600 Design Ltrs

Responds to Ref NRC Ltrs & W Ltr Re Request for Withholding Proprietary Info Re AP600 Design Ltrs

ML20237C060
Person / Time
Site:	05200003
Issue date:	08/13/1998
From:	Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Quay T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
NSD-NRC-98-5753, NUDOCS 9808200180
Download: ML20237C060 (3)

Text

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. ,. ,c Westinghouse Energy Systems Ba 355 Pittsburgh Pennsylvania 15230 0355 Electric Corporation DCP/NRCl409 NSD-NRC-98-5753 Docket No.52-003 August 13, 1998 Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555 ATTENTION: T. R. QUAY

SUBJECT:

RESPONSE TO NRC LETTERS CONCERNING REQUEST FOR WITilllOLDING INFORMATION

Reference:

1. Letter, Sebrosky to McIntyre, " Request for withholding proprietary information for Westinghouse letters dated December 14,1992, and December 17,1992," dated July 10,1998.

2. Letter, iluffman to McIntyre, " Request for withholding information from public disclosure of Westinghouse AP600 design letters of December 15,1992," dated July 14,1996.

3. Letter, Sebrosky to McIntyre, " Request for withholding information from public disclosure for Westinghouse AP600 design letter of February 24,1993, April 19, 1993, and July 14, 1993," dated June 18,1998.

4. Letter, McIntyre to Quay, " Status review of AP600 proprietary submittals," dated September 18,1995.

Dear Mr. Quay:

9 Reference i provided the NRC assessment of the Westinghouse claim that proprietary information was provided in a letter dated December 14,1992, that provided the NRC with copies of presen'.ation hM[

material from a management meeting held December 14,1992, discussing the AP600 testing program, The NRC has no record of a nonproprietary version of the slides being provided. At the tinte this presentation was made, the information was proprietary since that description of the AP600 :esting program had commercial value to Westinghouse. At this time, almost six years later, this information does not have commercial value and is no longer considered to be proprietary by Westinghouse.

l Reference 1 also provided the NRC assessment of the Westinghouse claim that proprietary information was provided in a letter dated December 17,1992, that p.ovided the NRC with copies of presentation  !

material from a meeting with the technical staff held December 9-10,1992, discussing the AP600 _ l i

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testing program, The NRC has no record of a nonproprietary version of the slides being provided. At the time this presentation was made, the information was proprietary since that description of the i AP600 testing program had commercial value to Westinghouse. At this time, almost six years later, i this information does not have commercial value e.nd is no longer considered to be proprietary by Westinghouse.

. Reference 2 provided the NRC assessment of the Westinghouse claim that proprietary information was .

l provided in a letter dated December 15,1992, that contained a preliminary description of the AP600 )

refueling outage plan activities. The NRC assessment was that no material in the letter was I i

specifically identified as being proprietary and that a nonproprietary version was not provided. At the time this subject was being discussed with the NRC technical staff, the information was considered to be proprietary by Westinghouse since it contained information that had commercial value to Westinghouse. At this time, almost six years later, this information does not have commercial value and is no longer considered to be proprietary by Westinghouse.

Reference 3 provided the NRC assessment of the Westinghouse claim that proprietary information was provided in a letter dated February 24,1993, that contained presentation materials from the February 24,1993, Westinghouse /NRC AP600 senior management meeting. The NRC assessment was that the material was similar to material that exists in the current (1998) nonproprietary version of the AP600 probabilistic risk assessment and AP600 standard safety analysis report. In addition the staff indicated the materia

• was used by the staffin the development of the AP600 draft safety evaluation report and therefore should remain on the docket. Our 1995 request, Reference 4, indicated that the material ,

l provided in the Westinghouse letter of February 24,1993, was presentation material that was intended l for clarification only, not part of the fonnal review material and requested that the material be returned to Westinghouse. At the time this subject was being discussed with the NRC technical staff, the information was considered to be proprietary by Westinghouse since it contained information that had commercial value to Westinghouse. If this presentation material was indeed used by the staff in development of the AP600 draft final safety evaluation report in November 30,1994, then at this time, I over five years later, this information is no longer considered to be proprietary by Westinghouse.

Reference 3 provided the NRC assessment of the Westinghouse claim that proprietary information was provided in a letter dated April 19,1993, that contained presentation materials from the April 20, l

1993, AP600 overview. The NRC assessment was that the material was similar to material that exists l in the current (1998) nonproprietary version of the AP600 probabilistic risk assessment and AP600 standard safety analysis report. In addition the staff indicated the material was used by the staff in the development of the AP600 draft safety evaluation report and therefore should remain on the docket.

Our 1995 request, Reference 4, indicated that the material provided in the Westinghouse letter of April 19,1993, was presentation material that was intended for clarification only, not part of the formal review material and requested thet the material be returned to Westinghouse. At the time this l subject was being discussed with the NRC technical staff, the information was considered to be proprietary by Westinghouse since it contained information that had commercial value to l Westinghouse. If this presentation material wns indeed used by the staffin development of the AP600 draft final safety evaluation report in November 30,1994, then at this time, over five years later, this information is no longer considered to be proprietary by Westinghouse.

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Reference 3 provided the NRC assessment of the Westinghouse claim that proprietary information was provided in a letter dated July 14,1993, that contained presentation materials from the July 14, 1993, meeting where the AP600 main control room habitability was discussed. The NRC assessment was that the material was similar to material that exists in the current (1998) nonproprietary version of the AP600 probabilistic risk assessment and AP600 standard safety analysis report. In addition the staff indicated the material was used by the staffin the development of the AP600 draft safety evaluation report and therefore should remain on the docket. Our 1995 request, Reference 4, indicated that the material provided in the Westinghouse letter of July 14,1993, was presentation material that was j intended for clarification only, not part of the formal review material and requested that the material '

be returned to Westinghouse. At the time this subject was being discussed with the NRC technical ,

staff, the information was considered to be proprietary by Westinghouse since it contained information l that had commercial value to Westinghouse. If this presentation material was indeed used by the staff in developm,nt of the AP600 draft final safety evaluation report in November 30,1994, then at this time, over five years later, this information is no longer considered +/, be proprietary by Westinghouse.

This response addresses the proprietary issues delineated in the references.

A Y } J' '

Brian A. McIntyre, Manager Advanced Plant Safety and Licensing jml i

cc: J. W. Roe - NRC/NRR/DRPM J. M. Sebrosky - NRC/NRR/DRPM W. C. Iluffman - NRC/NRR/DRPM H. A. Sepp - Westinghouse nn. yr l

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