ML20133L635

Advises That RESAR-SP/90 Preliminary Design Approval,Module 9, Instrumentation & Controls & Electric Power, Will Be Withheld from Public Disclosure (Ref 10CFR2.790),per 850227 Request.Reasons Listed

ML20133L635
Person / Time
Site:	05000601
Issue date:	08/02/1985
From:	Thomas C Office of Nuclear Reactor Regulation
To:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 8508120681
Download: ML20133L635 (3)

Text

I UNITED STATES

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, 'y , NUCLEAR REGULATORY COMMISSION VVASHINGTON, D. C 20555 c

k f' August 2,1985 Docket No STN 50-601 Mr. Robert A. Wiesemann Regulatory and Legislative Affairs Westinghouse Electric Corporation Post Office Box 355 Pittsburgh, Pennsylvania 15230

SUBJECT:

WESTIhGHOUSE ADVANCED PRESSURIZED WATER REACTOR (WAPWR) REFERENCE SAFETY ANALYSIS REPORT, PESAP-SP/90, PRELIMINARY DESIGN APPROVAL APPLICATION REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By letter dated February 27, 1985 (NS-NPC-85-3015) and its enclosed application (AW-85-020) and affidavit, Westinghouse submitted RESAR-SP/90 PDA Module 9,

" Instrumentation and Controls and Electric Power" and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

The affidavit referenced by Westinghouse stated that the submitted information 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.

2. The infomation is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational basis for detemining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.

3. The infomation is beino transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.

4 The infomation sought to be protected is not available in public sources or available information has not been pre-viously employed in the same original manner or method.

5. Public disclosure of this infomation is likely to cause substantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design features of the WAPWR; Westinghouse plans for future design, testing and analysis aimed at design verification; and demonstration of the design's capability to meet evolving NRC/ACRS safety goals.

8508120681 850002 PDR ADOCK 05000601 A PDR

.. g 5 02 EE Robert A. Wiesemann We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Westinghouse's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary corrnercial infomation.

Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act.

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, insure 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 should also understand that the NRC mey have cause to review this determination in the future, such as, if the scope of a Freedom of Information Act request includes your information. Ir all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, orignal chawl by Cecil 0. Thomas, Chief Standardization and Special Projects Branch Division of Licensing DISTRIBUTION:

(Docket File 3 SSPB/RF CPatel PAnderson CThomas EShomaker, OELD NRC PDR DL]:PSPB D:bPB f5L CPatel:tm PAnderson E omaker 07/2f/85 07/25/85 0 85 0 t-/85

Robert A. Wiesemann We have reviewed your application and the raterial based on the requirements and criteria of 10 CFR 2.790 and, on the basis of Westinghouse's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary cornercial information.

Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act.

Withnolding 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 copfes of this information to our consultants working in this area. We will, of course, insure that the consultants have signed the appropriate agreements for hc7dling 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 should also understand that the NRC may have cause to review this determination in the future, such as, 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.

Sincerely, bA 0. =::,= Y Cecil 0. Thomas, Chief Standardization and Special Projects Branch Division of Licensing 4

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