ML20205A558

Advises That 990202 Application (CAW-99-1320) & Affidavit Will Be Withheld from Public Disclosure,Per 10CFR2.790

ML20205A558
Person / Time
Site:	South Texas
Issue date:	03/24/1999
From:	Alexion T NRC (Affiliation Not Assigned)
To:	Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
TAC-MA1472, TAC-MA1473, NUDOCS 9903310017
Download: ML20205A558 (4)

Text

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a n: Y~ f g k UNITED STATES

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2 NUCLEAR REGULATORY CCMMISSION war.sif NGTON, D.C. 20' ;o1

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kg**@V March 24, 1999 Mr. H. A. Sepp Managerof Regulatoryand Ucensing Engineering Westinghouse Electric Company P. O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, SOUTH TEXAS PROJECT, UNITS 1 AND 2 (STP) (TAC NOS.

MA1472 AND MA1473)

Dear Mr. Sepp:

By your application (CAW-99-1320) dated February 2,1999, and your affidavit dated February 2,1999, you submitted " Response to Request for Additional Information on New Fuel Design" (proprietary) and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version was submitted for placement in the Nuclear Regulatory Commission's (NRC's) public document room. Your application was an enclosure to a letter dated February 4,1999, from STP Nuclear Operating Company regarding " Response to Request for Additional Information on New Fuel Design."

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a) The information reveals the distinguishing aspects of a process (or I/jo component, structure, tool, method, etc.) where prevention of its use by /

any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

(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 2.790 and, on the basis of your statements, have determined that the submitted informatior' tought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

9903310017 990324 PDR ADOCK 05000498 " ~a . <#.

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• O H.A. Sepp 2 Therefore, the version of the submitted information marked as proprietary wil 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.

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 l 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 at 301-415-1326.

Sincerely, ig)My '

Thomas W. Alexion, Project Manager fW Project Direct' orate IV-1 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499

. cc: See next page l

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H.A. Sepp 2 Therefore, the version of the submitted information marked as proprietary wili he withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Saction 103(b) of the Atornic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, it any, of ,nersons 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.

1 if the basis for withholding this information from public inspection should change in the future I such that the information could then be made available for public inspection, you should l 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 301-415-1326.

Sincerely, ORIGINAL SIGNED BY:

Thomas W. Alexion, Project Manager Project Directorate IV-1

,, Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499 cc: See next page DISTRIBUTION:

' Docket File' K.Brockman, RIV PUBLIC J.Wermiel PD4-1 r/f M.P.Siemien, OGC J.Zwolinski/S. Black ACRS o.Hannon L. Berry T. Alexion Document Name: G:\STPFINAL\PROA1472.WPD OFC PM/PR44 LA/PD&J BCcSRXD OGh e PD/PD4-f NAME TAlex LBerry h JWhel k\ . )Hannonb[

DATE N/ k / hk/ 3/ / 79 3lN/ b/M/97 COPY / YEs(NO [E)/NO ( /NO hNO YESk V 'U OFFtrAL RECORD COPY

y STP Nuclear Operating Company South Texas, Units 1 & 2 cc:

Mr. Cornelius F. O'Keefe Jack R. Newman, Esq.

Senior Resident inspector Morgan, Lewis & Bockius U.S. Nuclear Regulatory Commission 1800 M Street, N.W. ,

P. O. Box 910 Washington, DC 20036-5869 Bay City, TX 77414 Mr. T. H. Cloninger A. Ramirez/C. M. Canady Vice President, Engineering & Tech Serys City of Austin STP Nuclear Operating Company Electric Utility Department P. O. Box 289 721 Barton Springs Road Wadsworth,TX 77483 Austin, TX 78704 Office of the Govemor Mr. M. T. Hardt ATTN: John Howard, Director Mr. W. C. Gunst Environmental and Natural City Public Service Board Resources Policy P. O. Box 1771 P. O. Box 12428 San Antonio,TX 78296 Austin,TX 78711 Mr. G. E. Vaughn/C. A. Johnson Jon C. Wood Central Power and Light Company Matthews & Branscomb P. O. Box 289 One Alamo Center MailCode: N5012 106 S. St. Mary's Street, Suite 700 Wadsworth,TX 74483 San Antonio, TX 78205-3692 INPO Arthur C. Tate, Director Records Center Division of Compliance & ' son 700 Galleria Parkway Bureau of Radiation Con' .

Atlanta, GA 30339-3064 Texas Department of Heann i 1100 West 49th Street

Regional Administrator, Region IV Austin,TX 78756 U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Jim Calloway Arlington,TX 76011 Public Utility Commission of Texas Electric Industry Analysis D. G. Tees /R. L. Balcom P. O. Box 13326 Houston Lighting & Power Co. Austin, TX 78711 3326 P. O. Box 1700 Houston,TX 77251 Mr. William T. Cottle President and Chief Executive Officer Judge, Matagorda County STP Nuclear Operating Company.

Matagorda County Courthouse South Texas Project Electric 1700 Seventh Street Generating Station Bay City, TX 77414 P. O. Box 289 Wadsworth, TX 77483 l

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