ML20207J887

Requests That Info Re Nuclear Fuel Mfg Process Descriptions & Corresponding Nuclear Safety Analyses Conducted for W Columbia,Sc,Plant Be Withheld from Public Disclosure,Per 10CFR2.790(b)(4)

ML20207J887
Person / Time
Site:	Westinghouse
Issue date:	02/22/1999
From:	Ten Eyck E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
TAC-L31155, NUDOCS 9903160425
Download: ML20207J887 (4)

Text

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February 22, 1999 Mr. H. A. Sepp Manager Regulatory and Licensing Engineering Westinghouse Electric Company a Division of CBS Corporation Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION (TAC NO. L31155)

Dear Mr. Sepp:

This is in response to your letters dated December 31,1998, January 7,1999, and January 11, 1999, with an attached affidavit dated January 7,1999, (AW-99-1313) 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 January 7,1999, 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, tools, method, etc...) where prevention of its use by any of Westinghouse's compet; tors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(c)

Its usa by a competitor would reduce nis expenditure of resources or improve his

\\n competitive position in the design, manufacture, shipment, installation, assurance of ti quality, or !icensing a similar product.

(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 bas:s of your statements, have determined that the submitted information sought to bo withheld contains proprietary commercial information.

Therefore, the copies of Section 1 (Process Description) and Section 5 (Safety Analysis) of the [

CSE for the ADU Process Bulk Powder Blending System, 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 of 1954, as amended.

Withholding from public inspection shall not effect the right, if any, of persons properly and directly concerned to inspect the documents. If the need ariqps, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed {gaggopriate agreements for handling proprietary information.

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3 Mr. H. A. Sepp 2

If thh 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, f

Original signed by: TSherr for Elizabeth O. Ten Eyck, Director Division of Fuel Cycle Safety and Safeguards, NMSS cc: Mr. W. L. Goodwin Maneger Regulatory Affairs Columbia Fuel Fabrication Facility Westinghouse Electric Company Drawer R Columbia, South Carolina 29250 Docket 701151 License SNM-1107 Distribution (Control No. 960S)

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If the bas;s for withholding this information from public inspection should change in the future such 2 hat 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.

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Elizabeth O. Ten Eyck, Direct r l

Division of Fuel Cycle Safety I

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cc: Mr. W. L Goodwin l

Manager Regulatory Affairs Columbia Fuel Fabrication Facility Westinghouse Electric Company Drawer R Columbia, South Carolina 29250 Docket 70-1151 License SNM-1107 i

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Nlr.H,A. Sepp 2

if the basis for withholding this information fiom public inspection should change in the future j

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 i

this determination in the future. for example, if the scope of a Freedom of Information Act j

request i ludes your information in all review situations, if the NRC makes a determination i

adverse t the above, you will be notified in advance of any public disclosure.

Sincerely, N

Elizabeth O. Ten Eyck, Director

\\g Division of Fuel Cycle Safety and Safeguards, NMSS j

cc: Mr. W. L. Goodwin j

Manager Regulatory Affairs Columbia Fuel Fabrication Facility Westinghouse Electric Company Drawer R i

Columbia, South Carolina 29260 i

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