ML20247H279

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Grants Request for Withholding of Response to NRC Draft SER Open Issues 1-41 Re Review of RESAR SP/90 Pda Application, Per 10CFR2.790(b)(5)
ML20247H279
Person / Time
Site: 05000601
Issue date: 09/12/1989
From: Donatell L
Office of Nuclear Reactor Regulation
To: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
AW-89-086, AW-89-86, NUDOCS 8909190265
Download: ML20247H279 (4)


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UNITED STATES 1

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September 12, 1989 Docket No. 50-601 1

Mr. R.~A. Wiesemann, Director

. Regulatory and Legislative Affairs Westinghouse Electric. Corporation P..O. Box 355 Pittsburgh - Pennsylvania 15230-0355

Dear Mr. Weisemann:

SUBJECT:

WITHHOLDING FROM PUBLIC DISCLOSURE - WESTINGHOUSE RESPONSE TO NRC DRAFT SER OPEN ISSUES 1-41 REGARDING STAFF REVIEW OF THE RESAR SP/90 PDA APPLICATION - REF. AW-89-086.

By your application dated June 28, 1989, and affidavit dated November 7, 1988, you submitted responses to Open Issues 1-41 in response to the staff's review of the RESAR SP/90 PDA application and requested withholding from public dis-closure pursuant to 10 CFR 2.790. .You stated that the submitted information should be considered exempt from mandatory public disclosure for the reasons which were submitted in affidavit AW-S8-122. In your, letter dated June 28, 1989, you stated that the application contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.

We have reviewed your application and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains trace secrets or proprietary commercial information.

'We have determined that "rcsponses to Open Issues I-41 in Review of RESAR SP/90 PDA" marked at pro to 10 CFR 2.790(b)prietary, should (5) and section be withheld 103(b) from public of the Atomic disclosure Energy prsuant Act of 1954 as amended.

We therefore approve your request for withholding pursuant of 10 CFR 2.790 and i.

are withholding the above stated document and information from public inspectica as proprietary. '

Withholding from public inspection shall not affect the right, if any, of persons prcperly and directly conCE:rned to inspect the oocuments. 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 cisclosure should change in the future such that the information could then be made available for public inspection, DFo31 I I r-1909190265 890912 PDR ADOCK 05000601 P FDC

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. 2 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 needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, a6;d -

Loren Donatell, Project Manager

? Standardization and Life Extension Project Directorate Division of Reactor Projects III, IV, Y and Special Projects Office of Nuclear Reactor Regulation ec: See next page

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Docket No. 50-601. Westinghouse Electric Corporation RESAR-SP/90

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Trevor.Pratt Brookhaven National Laboratory .-

Building 130' LUpton,: New York 11973 Mr.'. William Schivley Westinghouse Electric Corporation' ,.

ECE-410 Mail Stop 4-08 Box 355 Pittsburgh, Pennsylvania 15230 l-L.

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September 12, 1989 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 needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Si gorenDonatell,aa roject Manager J Standardization and Life Extension

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