ML020650462

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Request for Withholding Information from Public Disclosure
ML020650462
Person / Time
Site: Point Beach  NextEra Energy icon.png
Issue date: 02/28/2002
From: John Lamb
NRC/NRR/DLPM/LPD3
To: Galembush J
Westinghouse
Lamb, JG, NRR/DLPM/LPD III-1, 415-1446
References
TAC MA7805, TAC MA7806, TAC MA7834, TAC MA7835, TAC MA7836, TAC MA7837
Download: ML020650462 (5)


Text

February 28, 2002 Mr. John S. Galembush, Acting Manager Regulatory and Licensing Engineering Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

POINT BEACH NUCLEAR POWER PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MA7834, MA7835, MA7836, MA7837, MA7805, AND MA7806)

Dear Mr. Galembush:

By your application dated June 20, 2001 (CAW-01-1467), which was forwarded to the U.S. Nuclear Regulatory Commission (NRC) by Nuclear Management Company, LLC (NMC), in a letter dated August 1, 2001, you submitted the following revised reports and requested that they be withheld from public disclosure pursuant to 10 CFR 2.790: (1) WCAP 15065-P-A, Revision 1, Technical Justification for Eliminating Pressurizer Surge Line Rupture as the Structural Design Basis for Point Beach Units 1 and 2 Nuclear Plant, dated June 2001, (2) WCAP-15105-P-A, Revision 1, Technical Justification for Eliminating Residual Heat Removal (RHR) Lines Rupture as the Structural Design Basis for Point Beach Units 1 and 2 Nuclear Plant, dated June 2001, and (3) WCAP-15107-P-A, Revision 1, Technical Justification for Eliminating Accumulator Lines Rupture as the Structural Design Basis for Point Beach Units 1 and 2 Nuclear Plants, dated June 2001. The above reports were submitted in response to the NRC staffs letter dated November 6, 2000, which requested Westinghouse to revise the originally submitted reports to incorporate the revised pages submitted with Westinghouses October 6, 2000, letter. The above reports were also revised to incorporate documentation of NRCs acceptance letter, safety evaluation, request for additional information (RAI) letter, and the Westinghouse RAI response.

In letters dated November 7, December 15, and December 18, 2000, the NRC approved evaluations that demonstrated acceptability of applying leak-before-break methodology to certain specific piping at the Point Beach Nuclear Plant, Units 1 and 2.

You also submitted nonproprietary versions of the above reports, which have been placed in the NRC public document room and added to the Agencywide Documents Access and Management Systems Publicly Available Records System (ADAMS PARS) Library.

The affidavit dated June 21, 2001, stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

J. Galembush 1. The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouses competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

2. The information, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
3. The information reveals aspects of past, present, or future Westinghouse or customer-funded development plans and programs of potential commercial value to Westinghouse.

The NRC staff previously reviewed your applications and the materials in accordance with the requirements of 10 CFR 2.790. As stated in our letter dated November 6, 2000, we determined that the submitted information sought to be withheld contained proprietary commercial information and should be withheld from public disclosure. Therefore, the versions of the submitted information marked as proprietary were 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.

In the November 6, 2000, letter, we requested that you submit updated versions of WCAP-15065, WCAP-15105, and WCAP-15107 that incorporates the revised pages submitted with the October 6, 2000, supplement. You have also included the NRC approval documentation (safety evaluation, RAI, and RAI response). We have reviewed the updated versions of WCAP-15065, WCAP-15105, and WCAP-15107 and determined that you included all the information requested in the November 6, 2000, letter.

We have reviewed your applications and the materials 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 versions 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.

J. Galembush 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 301-415-1446.

Sincerely,

/RA/

John G. Lamb, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-266 and 50-301 cc: See next page

ML020650462 OFFICE PDIII-1/PM PDIII-1/LA OGC PDIII-1/SC(A)

NAME JLamb RBouling MPSiemien WReckley DATE 02/22/02 02/22/02 02/28/02 02/22/02

Point Beach Nuclear Plant, Units 1 and 2 cc:

Mr. John H. ONeill, Jr.

Shaw, Pittman, Potts & Trowbridge 2300 N Street, NW Washington, DC 20037-1128 Mr. Richard R. Grigg President and Chief Operating Officer Wisconsin Electric Power Company 231 West Michigan Street Milwaukee, WI 53201 Site Licensing Manager Point Beach Nuclear Plant Nuclear Management Company, LLC 6610 Nuclear Road Two Rivers, WI 54241 Mr. Ken Duveneck Town Chairman Town of Two Creeks 13017 State Highway 42 Mishicot, WI 54228 Chairman Public Service Commission of Wisconsin P.O. Box 7854 Madison, WI 53707-7854 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Resident Inspector's Office U.S. Nuclear Regulatory Commission 6612 Nuclear Road Two Rivers, WI 54241 Ms. Sarah Jenkins Electric Division Public Service Commission of Wisconsin P.O. Box 7854 Madison, WI 53707-7854 Mr. Roy A. Anderson Executive Vice President and Chief Nuclear Officer Nuclear Management Company, LLC 700 First Street Hudson, WI 54016 Nuclear Asset Manager Wisconsin Electric Power Company 231 West Michigan Street Milwaukee, WI 53201 Mr. Mark Reddemann Site Vice President Point Beach Nuclear Plant Nuclear Management Company, LLC 6610 Nuclear Road Two Rivers, WI 54241