ML20199E016

Responds to Ltrs & 30,with Attached Affidavit ,requesting That Info Re Nuclear Fuel Manufacturing Process Descriptions & Corresponding Nuclear Safety Analyses Conducted for W,Columbia,Sc Plant,Be Withheld

ML20199E016
Person / Time
Site:	Westinghouse
Issue date:	12/31/1998
From:	Ten Eyck E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
TAC-L31138, NUDOCS 9901200288
Download: ML20199E016 (3)

Text

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• O" i UNITED STATES

g .g NUCLEAR REGULATORY COMMISSION }),/[g o 's WASHINGTON. D.C. 2055M001

. . . . . ,o December 31, 1998 Mr. H. A. Sepp Manager Regulatory and Licensing Engineering Westinghouse Electric Company i a Division of CBS Corporation Box 355 Pittsburgh, Pennsylvania 15230-0355  !

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION (TAC NO. L31138)

Dear Mr. Sepp:

This is in response to your letters dated October 29 and 30,1998, with an attached affidavit I dated October 29,1998, (AW-98-1299) requesting that information concerning nuclear fuel manufacturing process descriptions and the corresponding nuclear safety analyses conducted for the Westinghouse Electric Company (WEC) - Columbia, South Carolina, plant be withheld from public disclosure pursuant to 10 CFR 2.790(b)(4).

The October 29,1998, affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons under 4(ii)(a), (c), and (f) of your affidavit. Specifically:

(a) The information reveals the distinguishing aspects of a process (or components, )

, structure, tool, method, etc...) where prevention of its use by any of Westinghouse's I competitors without license from Westinghouse constitutes a competitive economic advantage over other companies. 1 (c) Its use by a competitor would reduce his expenditure of resources or improve his l competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

l (f) It contains patentable ideas, for which patent protection may be desirable.

We have reviewed your application and the material in accordance with the requirement of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercialinformation.

Therefore, the copies of Section 1 (Process Description) and Section 5 (Safety Analysis) of the CSE for the URRS Dissolver, marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Enr.rgy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concemed to inspect the documents. If the need arises, we may send copies of this j 4 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. f )r O l 9901200288 981231 PDR ADOCK 07001151 ,

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Mr. H. A. Sepp 2 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.

I Sincerely, Original signed by E. W. Brach for L

l Elizabeth O. Ten Eyck, Director l Division of Fuel Cycle Safety and Safeguards, NMSS l

cc: Mr. W. L. Goodwin Manager Regulatory Affairs l Columbia Fuel Fabrication Facility Westinghouse Electric Company Drawer R Columbia, South Carolina 29250 Docket 70-1151 License SNM Distribution (Control No. 950S) 1 Docket'701151 INRC File Center (PUBLIC1

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• 1 Mr. H. A. Sepp 2 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.

Sincerely, t/[ '" P j_ Elizabeth O. Ten Eyck, Director

( Division of Fuel Cycle Safety and Safeguards, NMSS cc: Mr. W. L. Goodwin Manager Regulatory Affairs Columbia Fuel Fabrication Facility Westinghouse Electric Company l Drawer R Columbia, South Carolina 29250 Docket 70-1151 License SNM-1107 1

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