ML20207F284

Grants Withholding of Response to NRC Request for Addl Info Re Cumulative Usage Factor Criterion for Break Postulation (CAW-86-096) from Public Disclosure Per 10CFR2.790.Info Contains Trade Secrets & Proprietary Commercial Info

ML20207F284
Person / Time
Site:	South Texas
Issue date:	12/22/1986
From:	Noonan V Office of Nuclear Reactor Regulation
To:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 8701050514
Download: ML20207F284 (5)

Text

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a rerg% UNITED STATES

[\ I); - NUCLEAR REGULATORY COMMISSION

y.  : WASHINGTON, D. C. 20555

\.'Y,.* 2 2 DEC 1906 Docket Nos.: 50-498 and 50-499 Mr. R. A. Wiesemann, Manager Reculatory and I.egislature Affairs Westinohouse Electric Corcoration P.O. Box 355 Pittsburoh, Pennsylvania 15230 1

SUBJECT:

WITHP01. DING FROM PUBl.IC DISCI.0SURE - RESPONSE TO NRC RE0lIEST FOR ADDITIONAL. INFORMATION "CUMUI.ATIVE USAGE FACTOR CRITERION FOR PREAK POSTUI.ATION FOR SOUTH TEXAS, UNITS 1 & ?" - CAW-86-096 Ry Pouston I.ichting and Power Company letter, dated October 31, 1986, and Westinchouse letter, dated October 30, 1986 and affidavit, dated November 21, 1984, you submitted a response to an NRC request for additional information entitled, " Cumulative Usage Factor Criterion for Break Postulation for. South Texas, Units 1 & 2, and reouested that this response be withheld from public disclosure pursuant to 10 CFR 2.790. You stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1. The information was transmitted to the Commission in confidence and received by the Commission in confidence.

2. The information is marketable in many ways, the extent to which it is available to competitors diminishes the Westingbeuse ability to sell products and services involvino the use of this information. Release of the information would ieopardize the competitive status of Westinghouse.

3. The information soucht to be protected is not available in public sources.

We have reviewed vour application and the material based on the reouirements and criteria of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information soucht to ha withheld contains trade secrets or proprietary convercial information.

8701050514 861222 8 PDR ADOCK 0500 A

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,  ; ) 4 ULO We have determined that the " Cumulative Usage Factor Criterion for Break Postulation for South Texas Project, Units 1 & 2", marked as proprietary, should be withheld from public inspection as proprietary.

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 cade 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 reauest includes your information. Ir all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, 3

Vincent S. Noonan, Director PWR Pro. ject Directorate No. 5 Division of PWR I.icensing-A cc: 14 0 uston I.ighting and Power Company See next page Distribution aDocket': File.

NRC PDP l.ocal PDR PD#5 R/F V. Noonan P. Kadambi

, M. Rushbrook E. Shomaker, OEl.D E. Jordan B. Grimes J. Partlow PD#5 g<v> d DIR:PD#

MRu ok:ss ptf[;( PKadambi ESho er VNoonan 12/ /86 E3 12/ll/86 IP[ 6 I?ffv/

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. ,o We have determined that the " Cumulative Usage Factor Criterion for Break Postulation for South Texas Project, Units 1 & 2", marked as proprietary, should be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

We therefore approve your request for withholding pursuant to 10 CFR 2.790 and are withholding the above stated document from public inspection as proprietary.

Withholdino 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 cooies 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 prcmptly 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 reouest includes your information. In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will

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be notified in advance of any public disclosure.

Sincerely,

-; /

l// ./Y/ glYd 1 t S. N onan, Director

'IWR Pro.iect Directorate No. 5 Division of PWR I.icensing-A cc: Houston I.ighting and Power Company See next page

a . . a. . ~.

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e. 'e Mr. J.,H G61dberg Houston lighting and Power Company South Texas Project CC:

• Brian Berwick, Esq. Resident Inspector / South Texas Assistant Attorney General Project Environmental Protection Division c/o U.S. Nuclear Regulatory Commission P. O. Box 12548 P. O. Box 910 Capitol Station Bay City, Texas 77414 Austin, Texas 78711 Mr. Jonathan Davis Mr. J. T. Westermeir Assistant City Attorney Manager, South Texas Project City of Austin Houston lighting and Power Company P. O. Box 1088 P. O. Box 1700 Austin, Texas 78767 Houston, Texas 77001 Ms. Pat Coy Mr. H. L. Peterson Citizens Concerned About Nuclear Mr. G. Pokorny Power City of Austin 5106 Casa Oro P. O. Box 1088 San Antonio, Texas 78233 Austin, Texas 78767 Mr. Mark R. Wisenberg Mr. J. B. Poston Manager, Nuclear licensing Mr. A. Von Rosenberg Houston lighting and Power Company City Public Service Boad . P. O. Box 1700 P. O. Box 1771 Houston, Texas 77001 San Antonio, Texas 78296 Mr. Charles Halligan Jack R. Newman, Esq. Mr. Burton L. Lex Newman & Holtzinger, P.C. Bechtel Corporation 1615 L Street, NW P. O. Box 2166 Washington, D.C. 20036 Houston, Texas 77001 Melbert Schwartz, Jr., Esq. Mr. E. R. Brooks Baker & Botts Mr. R. l.. Range One Shell Plaza Central Power and light Company Houston, Texas 77002 P. O. Box 2122 Corpus Christi, Texas 78403 Mrs. Peggy Buchorn Executive Director Citizens for Eauftable Utilities, Inc.

Route 1, Box 1684 Brazoria, Texas 77422

4- s.

Houston F.ighting & Power Company South Texas Pro.iect CC:

Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Office of Executive Director

_for Operations 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Mr. lanny Sinkin, Counsel for Intervenor Citizens Concerned about Nuclear Power, Inc.

Christic Institute 1324 North Capitol Street Washington, D.C. 20002 f.icensing Representative Houston lighting and Power Company Suite 1309 7910 Woodmont Avenue Bethesda, Maryland 20814 t

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