ML20199E280

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Advises That Proprietary Info Submitted by Westinghouse Will Be Withheld from Public Disclosure Per 10CFR2.790
ML20199E280
Person / Time
Issue date: 11/14/1997
From: Craig C
NRC (Affiliation Not Assigned)
To: Liparulo N
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
NUDOCS 9711210152
Download: ML20199E280 (3)


Text

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.....,o November 14, 1997 Mr. Nicholas J. Liparulo, Manager Equipment Design and Regulatory Engineering Westinghouse Electric Corporation Mail Stop ECE 4-15 Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355

Dear Mr. Liparulo:

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, WESTINGHOUSE LETTEP OF SEPTEMBER 25,1997 By Westinghouse's letter (NSD NRC 97 5309) dated September 25,1997, Westingnouse submitted both proprietary and non proprietary versions of the approved WCAP-13524 P-A/WCAP 14952 NP-A, Revision 1 A, " APOLLO - A One Dimensional Neutron Diffusion Theory Progra.n.' In letter AW 97-1165, also dated September 25,1997, it was (74uested that the proprietary matenal be withheld from public disclosure in accordance with 10 CFR 2.790. This is the response to that request.

In the affidavit dated September 25,1997, Mr. Henry A. Sepp stated that Westinghouse considered certain information proprietary and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. The affidavit states that this information should be considered exernpt from mandatory public disclosure for the following reasons:

(a)

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

Its uss by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installat'on, assurance of quality, or licensing a similar product.

your request. We havo concluded that the submitted information sought to We have carefully reviewed the September 25,1997, request and the information contained in trade secrets or proprietary commercialinformation. Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to

d 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

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November 14, 1997 Withholding from p ;blic inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the document. 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.

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 review this determination in the future, for example, if the scope of a Freedom of Information Act request included your inforr,iation. 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, ud, A

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Claudia M. Craig, Senior Project Managgr Gene;ic Issues and Environmental Projects Branch Division of Reactor Program Management Office of Nuclear Reactor Regulation CC:

Mr. Andrew Drake, Projed Mar.ager Westinghouse Owners Group Westinghouse Electric Corporation Mail Stop ECE 5-16 Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355

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November 14,~ 1997 3

Wthholding from public inspection shall not affect the right, if arg, of persons properly and directly concerned to inspect the document. 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.

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 inspectbn, you should promptly notify the NRC, You should also 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 included 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, Original Signed By:

Claudia M. Craig, Senior Project Manager Generic issues and Environmental Projects Branch r

Division of Reactor Program Management Office of Nuclear Reactor Regulation cc:

Mr. Andrew Drake, Project Manager Westinghouse Owners Group Westinghouse Electric Corporation Mail Stop ECE 5-16 Post Office Box 355 Pittsburgh, Pennsylvania 15230-0355 Distribution:

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