ML20136G316

Advises That RESAR-SP/90 Module 16, Probabilistic Safety Study & Module 11, Radiation Protection, Deemed Proprietary & Will Be Withheld from Public Disclosure Per 10CFR2.790,in Response to 850628 & 0712 Affidavits

ML20136G316
Person / Time
Site:	05000601
Issue date:	08/13/1985
From:	Thomas C Office of Nuclear Reactor Regulation
To:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 8508190333
Download: ML20136G316 (5)

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Docket No. STN 50-601 AM ' 21985 :_

Mr. Robert A. Wiesemann Regulatory and Legislative Affairs Westinghouse Electric Corporation Post Office Box 355 Pittsburgh, Pennsylvania 15230

SUBJECT:

WESTINGHOUSE ADVANCED PRESSURIZED WATEP PEACTOR (WAPWD) REFERENCE SAFETY ANALYSIS REPORT, PESAP-SP/90, PRELIMINARY DESIGN APPROVAL APPLICATION REQEST FOR WITHHOLDING INF0FFATION FROM PUBLIC DISCLOSURE By letter dated June 28, 1985 (NS-NRC-85-3043) and its enclosed application (AW-85-043) and affidavit, Westinghouse submitted RESAR-SP/90 PDA Module 16, "Probabilistic Safety Study" - Volumes 1 and 2. Also, by

!ctter dated July 12,1985(NS-NRC-85-3047) and its enclosed application (AW-85-045) and affidavit, Westinghouse submitted RESAR-SP/90 PDA Module 11

" Radiation Protection." Westinghouse requested that both of these modules 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 information is of a type customarily held in confidence by Westinghouse and not custenarily disclosed to the public.

Westinghouse has a rational basis for detemining the types of infornation 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 information is being transmitted to the Conmission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Comission.

4 The information 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 information is likely to cause substantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design

1. eatures 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.

8508190333 850813 PDR ADOCK 05000601 A PDR

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~ AUG 131985 j Robert A. Wiesemann -?*

We have reviewed your applications and the raterial based on the reouirements 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 ccmrercial information.

Therefore, the version of the subnitted 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 Erercy Act.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the docunents. 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. 1 If the basis for withholding this information from public inspection should i change in the future such that the infornation could then be made available ,

for public inspection, you should pronptly 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, i

Cecil 0. Themas, Chief Standardization and Special l Projects Branch I

Division of Licensing l

DISTRIBUTION:

l Docket File l NRC PDR i- SSPB/PF CPatel PAnderson ,

CThomas EShomaker, OELD i l e tm 3rson' / E omaker 08/of/85 08/ g /85 08/ /85 08/[}/85 1

. - - - ew_. + , - . . . _ _ _ _ _ _ _ _ _ _ . , _ . . - . _ _ _ . _ _ . . , _ -_ _____,,____,7-,_,, _

AUG 131985 Robert A. Wiesemann We have reviewed your applications and the raterial based on thd-reouirenents and criteria of 10 CFR 2.790 and, on the besis of Westinghouse's statements, have determined that tho submitted information sought to be withheld contains trade secrets or proprietary ccmrercial information.

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

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the docunents. 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 pronptly notify the NRC. You should also understand that the NRC may have cause to review this detemination in the future, such as, if the scope of a Freedom of Infomation Act request includes your inf omation. In all review situations, if the NRC makes a detemination adverse to the above, you will be notified in advance of any public disclosure.

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

Docket File NRC PDR SSP 9/PF CPatel PAnderson CThomas EShomaker, OELD cff C

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OE j DL:SSPB D 5 CPatel:tm fn rson C;r "ms~ EShdmaker 08/og/85 08/ /85 08/ /85 C8/g/85

Robert A. Wiesemenn We have reviewed your applications and the materiel based on th requirements and criteria of 10 CFR 2.790 ard, on the basis of Westinghouse's statements, have detemined that the submitted in#crretion sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the version of the submitted in#omation 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

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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 may have cause to revier this determination in the future, such as, if the scope of r 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,

>l ? 0. Yr: .^ Tl

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Cecil 0. Thomas, Chief Standardization and Special Projects Branch Division of Licensing cc: See next. page

RESAR-SP/90 Docket flo. 50-601

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cc: Brookhaven flational- Laboratory Building 130 lipton, New York 11973 Attention: Dr. Robert Bari

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