ML020840338

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Request for Withholding Information from Public Disclosure (Tac No. MB3902)
ML020840338
Person / Time
Site: Beaver Valley
Issue date: 03/23/2002
From: Dan Collins
NRC/NRR/DLPM/LPD1
To: Sepp H
Westinghouse
Collins D
References
TAC MB3902
Download: ML020840338 (3)


Text

March 23, 2002 Mr. H. A. Sepp Manager, Regulatory and Licensing Engineering Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

BEAVER VALLEY POWER STATION, UNIT NO. 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO.

MB3902)

Dear Mr. Sepp:

By letter dated January 25, 2002, FirstEnergy Nuclear Operating Company (FENOC), the Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS-1 and 2) licensee, submitted an application to amend the license for BVPS-1. The requested amendment would revise the BVPS-1 technical specifications (TSs) to provide new heatup/cooldown curves, power-operated relief valve setpoints, and a new overpressure protection system enable temperature based on the Master Curve Methodology. By your letter dated January 7, 2002, and affidavit dated January 9, 2002, CAW-02-1506, you submitted Westinghouse Report, I&CE/PEOD(01)-206, Beaver Valley Unit 1 FirstEnergy Nuclear Operating Company Overpressure Protection System Setpoints for Master Curve, Revision 1, August 2001, to support FENOCs amendment request, and you requested that it be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.790. A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

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.

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

The NRC staff has 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.

H. Sepp 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 301-415-1427.

Sincerely,

/RA/

Daniel S. Collins, Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-334 cc: See next page

H. Sepp 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 301-415-1427.

Sincerely,

/RA/

Daniel S. Collins, Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-334 cc: See next page DISTRIBUTION:

PUBLIC MOBrien FAkstulewicz BPlatchek, RGN-1 PDI-1 R/F DCollins MMitchell MPSiemien, OGC EAdensam JMunday Accession No. ML020840338 Office PDI-1/PM PDI-2/LA SRXB/SC EMCB/(A)SC OGC PDI-1 (A)

SC Name DCollins MOBrien FAkstulewicz BElliot MPSiemien JMunday Date 3/5/02 3/4/02 3/11/02 3/11/02 3/14/02 3/23/02 OFFICIAL RECORD COPY

Beaver Valley Power Station, Units 1 and 2 Mary OReilly, Attorney FirstEnergy Nuclear Operating Company FirstEnergy Corporation 76 South Main Street Akron, OH 44308 FirstEnergy Nuclear Operating Company Regulatory Affairs/Corrective Action Section Larry R. Freeland, Manager Beaver Valley Power Station Post Office Box 4, BV-A Shippingport, PA 15077 Commissioner James R. Lewis West Virginia Division of Labor 749-B, Building No. 6 Capitol Complex Charleston, WV 25305 Director, Utilities Department Public Utilities Commission 180 East Broad Street Columbus, OH 43266-0573 Director, Pennsylvania Emergency Management Agency 2605 Interstate Dr.

Harrisburg, PA 17110-9364 Ohio EPA-DERR ATTN: Zack A. Clayton Post Office Box 1049 Columbus, OH 43266-0149 Dr. Judith Johnsrud National Energy Committee Sierra Club 433 Orlando Avenue State College, PA 16803 L. W. Pearce, Plant Manager (BV-IPAB)

FirstEnergy Nuclear Operating Company Beaver Valley Power Station Post Office Box 4 Shippingport, PA 15077 Bureau of Radiation Protection ATTN: Larry Ryan P O Box 2063 Harrisburg, PA 17120 Mayor of the Borough of Shippingport P O Box 3 Shippingport, PA 15077 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Resident Inspector U.S. Nuclear Regulatory Commission Post Office Box 298 Shippingport, PA 15077 FirstEnergy Nuclear Operating Company Beaver Valley Power Station ATTN: M. P. Pearson, Director Services and Projects (BV-IPAB)

Post Office Box 4 Shippingport, PA 15077 FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mr. B. F. Sepelak Post Office Box 4, BV-A Shippingport, PA 15077 Mr. L. W. Myers Senior Vice President Beaver Valley Power Station Post Office Box 4 Shippingport, PA 15077