ML020870649

Request for Withholding Proprietary Information from Public Disclosure (Tac No. MB4655)

ML020870649
Person / Time
Site:	Millstone
Issue date:	04/11/2002
From:	Richard Ennis NRC/NRR/DLPM/LPD1
To:	Price J, Danni Smith Dominion Nuclear Connecticut
Ennis R, NRR/DLPM, 415-1420
References
TAC MB4655
Download: ML020870649 (6)

Text

April 11, 2002 Mr. J. A. Price Vice President - Nuclear Technical Services - Millstone Dominion Nuclear Connecticut, Inc.

c/o Mr. David A. Smith Rope Ferry Road Waterford, CT, 06385

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, MILLSTONE NUCLEAR POWER STATION, UNIT NO. 2 (TAC NO. MB4655)

Dear Mr. Price:

By Dominion Nuclear Connecticut, Inc.s (DNC) letter dated March 15, 2002, and Westinghouse Electric Company, LLC (WEC) affidavit executed by Ian C. Rickard, dated March 14, 2002, you submitted WEC Design Report No. DAR-CI-02-3, Revision 0, and requested that it be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. The WEC document provides the Design Stress Report for the Millstone Nuclear Power Station, Unit No. 2 pressurizer. This document was submitted to the Nuclear Regulatory Commission (NRC) staff in response to a request for additional information related to a DNC request to install mechanical nozzle seal assemblies for two leaking pressurizer heater penetration nozzles as an alternative to certain requirements of Section XI of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (reference TAC No.

MB4039).

Your letter did not include a nonproprietary version of WEC Design Report No. DAR-CI-02-3.

As discussed with Mr. David Dodson of your staff on March 26, 2002, a nonproprietary version of this document was not submitted to the NRC because the vast majority of the information contained in the document is considered proprietary and DNC considers it impractical to provide a nonproprietary version.

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

1. The information sought to be withheld from public disclosure is owned and has been held in confidence by WEC. It consists of information concerning application, qualification and evaluation details for mechanical nozzle seal assemblies.

2. The information is of a type customarily held in confidence by WEC and not customarily disclosed to the public.

J. Price 3. Public disclosure of the information is likely to cause substantial harm to the competitive position of WEC because:

a. A similar product or service is provided by competitors of Westinghouse.

b. WEC has invested substantial funds and engineering resources in the development of this information. A competitor would have to undergo similar expense in generating equivalent information.

c. The information consists of technical data and qualification information for mechanical nozzle seal assemblies, the application of which provides a competitive economic advantage. The availability of such information to competitors would enable them to design their product to better compete with WEC, take marketing or other actions to improve their products position or impair the position of WECs product, and avoid developing similar technical analysis in support of their processes, methods or apparatus.

We have reviewed your submittal and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of WECs statements, have determined that the information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, WEC Design Report No. DAR-CI-02-3, Revision 0, 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. Price 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, please contact me at (301) 415-1420.

Sincerely,

/RA/

Richard B. Ennis, Sr. Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-336 cc: See next page

ML020870649 OFFICE PDI-2/PM PDI-2/LA EMEB/SC OGC PDI-2/SC NAME REnnis TClark KManoly MSiemien JClifford DATE 4/3/02 4/3/02 4/5/02 4/9/02 4/10/02 Millstone Nuclear Power Station Unit 2 cc:

Ms. L. M. Cuoco Mr. P. J. Parulis Senior Nuclear Counsel Manager - Nuclear Oversight Dominion Nuclear Connecticut, Inc. Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Rope Ferry Road Waterford, CT 06385 Waterford, CT 06385 Edward L. Wilds, Jr., Ph.D. Mr. D. A. Christian Director, Division of Radiation Senior Vice President - Nuclear Operations Department of Environmental Protection and Chief Nuclear Officer 79 Elm Street Innsbrook Technical Center - 2SW Hartford, CT 06106-5127 5000 Dominion Boulevard Glen Allen, VA 23060 Regional Administrator, Region I U.S. Nuclear Regulatory Commission Mr. C. J. Schwarz 475 Allendale Road Director - Nuclear Station Operations King of Prussia, PA 19406 and Maintenance Dominion Nuclear Connecticut, Inc.

First Selectmen Rope Ferry Road Town of Waterford Waterford, CT 06385 15 Rope Ferry Road Waterford, CT 06385 Mr. John Markowicz Co-Chair Charles Brinkman, Manager Nuclear Energy Advisory Council Washington Nuclear Operations 9 Susan Terrace ABB Combustion Engineering Waterford, CT 06385 12300 Twinbrook Pkwy, Suite 330 Rockville, MD 20852 Mr. Evan W. Woollacott Co-Chair Senior Resident Inspector Nuclear Energy Advisory Council Millstone Nuclear Power Station 128 Terrys Plain Road c/o U.S. Nuclear Regulatory Commission Simsbury, CT 06070 P.O. Box 513 Niantic, CT 06357 Mr. D. A. Smith Manager - Licensing Mr. W. R. Matthews Dominion Nuclear Connecticut, Inc.

Vice President and Senior Nuclear Rope Ferry Road Executive - Millstone Waterford, CT 06385 Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Ms. Nancy Burton Waterford, CT 06385 147 Cross Highway Redding Ridge, CT 00870 Ernest C. Hadley, Esquire P.O. Box 1104 West Falmouth, MA 02574-1104

Millstone Nuclear Power Station Unit 2 cc:

Mr. G. D. Hicks Director - Nuclear Station Safety and Licensing Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385 Mr. J. A.Price Site Vice President - Millstone c/o Mr. David A. Smith Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385 Mr. S. E. Scace Director - Nuclear Engineering Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385 Mr. M. J. Wilson Manager - Nuclear Training Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385