ML020440608
| ML020440608 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/21/2002 |
| From: | Jaffe D NRC/NRR/DLPM/LPD4 |
| To: | Summitt R Ricky Summit Consulting |
| References | |
| TAC MB3695, TAC MB3696 | |
| Download: ML020440608 (6) | |
Text
- The application was submitted by TXU Electric, which transferred ownership and operating authority to TXU Generation Company LP on January 1, 2002, pursuant to an Order issued by the U.S. Nuclear Regulatory Commissionh (NRC) dated December 21, 2001. By letter dated January 2, 2002, TXU Generation Company LP adopted all applications previously submitted to the NRC by TXU Electric.
March 21, 2002 Mr. R. Summitt President Ricky Summitt Consulting, Inc.
342 Ebenezer Road Knoxville, TN 37923
SUBJECT:
COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 -
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE PER 10 CFR 2.790 CONCERNING THE EVALUATION OF RISK SIGNIFICANT INTEGRATED LEAK RATE TEST (ILRT) EXTENSION FOR COMANCHE PEAK STEAM ELECTRIC STATION (TAC NOS. MB3685 AND MB3686)
Dear Mr. Summitt:
As part of the TXU Electric* license amendment request dated December 26, 2001 (TXX-01187), as supplemented by letter dated February 4, 2002 (TXX-02023), your affidavit dated December 19, 2001, was submitted. The affidavit addressed Ricky Summit Consulting (RSC), Inc. Report RSC 01-44 (Proprietary), Surrogate Person-Rem Methodology, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version of RSC 01-44 was submitted as Enclosure 3 to the December 26, 2001, application, as supplemented by letter dated February 4, 2002, for placement in the NRC Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
As stated in the December 19, 2001, affidavit, certain information in RSC 01-44 should be considered exempt from public disclosure for the following reasons.
a)
The use of information such as embodied in RSC 01-44 provides RSC, Inc. a competitive advantage over its competitors. It is therefore, withheld from disclosure to protect the RSC, Inc. competitive position.
b)
The information contained in RSC 01-44 is marketable in many ways. The extent to which such information is available competitors diminishes the RSC, Inc. ability to sell products and services involving the use of the information.
R. Summitt c)
Use by RSC, Inc. competitors of this information would put RSC, Inc. at a competitive disadvantage by reducing his expenditure of competitor resources at RSC, Inc.s expense.
d)
Unrestricted disclosure would jeopardize the position of prominence of RSC, Inc.
in this area and thereby give a market advantage to other competition.
e)
The RSC, Inc. capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
In addition, your December 19, 2001, affidavit states in part:
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of RSC, Inc. because it would enhance the ability of competitors to provide similar licensing support documentation and licensing defense services for commercial power reactors without commensurate expenses.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the version of the submitted 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 Energy Act of 1954, as amended.
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 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 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.
If you have any questions regarding this matter, I may be reached at 301-415-1439.
Sincerely,
/RA/
David H. Jaffe, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: See next page
R. Summitt c)
Use by RSC, Inc. competitors of this information would put RSC, Inc. at a competitive disadvantage by reducing his expenditure of competitor resources at RSC, Inc.s expense.
d)
Unrestricted disclosure would jeopardize the position of prominence of RSC, Inc.
in this area and thereby give a market advantage to other competition.
e)
The RSC, Inc. capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
In addition, your December 19, 2001, affidavit states in part:
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of RSC, Inc. because it would enhance the ability of competitors to provide similar licensing support documentation and licensing defense services for commercial power reactors without commensurate expenses.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the version of the submitted 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 Energy Act of 1954, as amended.
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 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 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.
If you have any questions regarding this matter, I may be reached at 301-415-1439.
Sincerely,
/RA/
David H. Jaffe, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: See next page DISTRIBUTION:
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Accession No.: ML020440608 OFFICE PDIV-1/LA PDIV-1 SPSB/BC OGC PDIV-1/SC NAME DJohnson DJaffe RBarrett MPSiemien RGramm DATE 2/22/02 2/22/02 3/13/02 3/19/02 3/19/02 OFFICIAL RECORD COPY
Comanche Peak Steam Electric Station cc:
Senior Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 2159 Glen Rose, TX 76403-2159 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Mr. Roger D. Walker Regulatory Affairs Manager TXU Electric P. O. Box 1002 Glen Rose, TX 76043 George L. Edgar, Esq.
Morgan, Lewis & Bockius 1800 M Street, N.W.
Washington, DC 20036-5869 Honorable Dale McPherson County Judge P. O. Box 851 Glen Rose, TX 76043 Office of the Governor ATTN: John Howard, Director Environmental and Natural Resources Policy P. O. Box 12428 Austin, TX 78711 Arthur C. Tate, Director Division of Compliance & Inspection Bureau of Radiation Control Texas Department of Health 1100 West 49th Street Austin, TX 78756-3189 Jim Calloway Public Utility Commission of Texas Electric Industry Analysis P. O. Box 13326 Austin, TX 78711-3326 Mr. C. Lance Terry Senior Vice President
& Prinipal Nuclear Officer TU Electric ATTN: Regulatory Affairs Department P. O. Box 1002 Glen Rose, TX 76043 Mr. John S. Galembush, Acting Manager Regulatory and Licensing Engineering Westinghouse Electric Company LLC P. O. Box 355 Pittsburgh, PA 15230-0355