ML021010160

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Withholding Ltr, Affidavit Dated June 21, 2001 Concerning 1.4 Percent Power Uprate (CAW-01-1466) (Tac Nos MB2899 and MB2903)
ML021010160
Person / Time
Site: South Texas  STP Nuclear Operating Company icon.png
Issue date: 04/25/2002
From: Thadani M
NRC/NRR/DLPM
To: Sepp H
Westinghouse
References
CAW-01-1466, TAC MB2899, TAC MB2903, WCAP-15633, Rev 0
Download: ML021010160 (6)


Text

April 25,2002 Mr. H. A. Sepp, Manager Regulatory and Licensing Engineering Westinghouse Electric Company Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

SOUTH TEXAS PROJECT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE PER 10 CFR 2.790 CONCERNING 1.4 PERCENT POWER UPRATE (CAW-01-1466)

(TAC NOS. MB2899 AND MB2903)

Dear Mr. Sepp:

As part of the South Texas Project (STP) Nuclear Operating Companys license amendment request dated August 22, 2001 (NOC-AE-01001162), an affidavit dated June 21, 2001 (CAW-01-1466), executed by Mr. John S. Galembush was submitted. The affidavit addressed Westinghouse Electric Corp. (W) report WCAP-15633, Revision 0 (Proprietary), Power Calorimetric for the 1.4% Uprating for the South Texas Project Nuclear Operating Company Units 1 and 2, dated June 2001, and requested that it be withheld from public disclosure.

Nonproprietary version WCAP-15696, Revision 0 was submitted with NOC-AE-01001162, for placement in the U.S. Nuclear Regulatory Commission (NRC) Public Document Room.

The affidavit furnished the following information pursuant to paragraph (b)(4) of Section 10 CFR 2.790 of the Commission's regulations, for consideration by the Commission in determining whether the information sought to be withheld from public disclosure be withheld.

(a)

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

(c)

Its use 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 a similar product.

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.

Mr. H. A. 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 301-415-1476.

Sincerely,

/RA/

Mohan C. Thadani, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499 cc: See next page

Mr. H. A. 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 301-415-1476.

Sincerely,

/RA/

Mohan C. Thadani, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499 cc: See next page cc: See next page DISTRIBUTION:

PUBLIC PDIV-1 R/F MPSiemien RidsNrrLAMMcAllister RidsNrrPMMThadani RidsNrrDlpmLpdiv1(RGramm)

RidsNrrDlpmLpdiv (LBarnett, Acting)

RidsRgn4MailCenter (KBrockman)

RidsNrrDssaSrxb (JWermiel)

Accession No. ML021010160

  • See previous concurrence OFFICE PDIV-1/PM PDIV-1/LA SRXB/BC*

OGC PDIV-1/SC NAME MThadani MMcAllister JWermiel MPSiemien RGramm DATE 4/18/02 4/22/02 4/12/02 4/25/02 4/25/02 OFFICIAL RECORD COPY

February 2002 South Texas, Units 1 & 2 cc:

Mr. Cornelius F. OKeefe Senior Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 910 Bay City, TX 77414 A. Ramirez/C. M. Canady City of Austin Electric Utility Department 721 Barton Springs Road Austin, TX 78704 Mr. M. T. Hardt Mr. W. C. Gunst City Public Service Board P. O. Box 1771 San Antonio, TX 78296 Mr. C. A. Johnson/R. P. Powers AEP - Central Power and Light Company P. O. Box 289 Mail Code: N5022 Wadsworth, TX 77483 INPO Records Center 700 Galleria Parkway Atlanta, GA 30339-3064 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 D. G. Tees/R. L. Balcom Houston Lighting & Power Co.

P. O. Box 1700 Houston, TX 77251 Judge, Matagorda County Matagorda County Courthouse 1700 Seventh Street Bay City, TX 77414 A. H. Gutterman, Esq.

Morgan, Lewis & Bockius 1111 Pennsylvania Avenue, NW Washington, DC 20004 Mr. J. J. Sheppard, Vice President Engineering & Technical Services STP Nuclear Operating Company P. O. Box 289 Wadsworth, TX 77483 S. M. Head, Manager, Licensing Nuclear Quality & Licensing Department STP Nuclear Operating Company P. O. Box 289, Mail Code: N5014 Wadsworth, TX 77483 Office of the Governor ATTN: John Howard, Director Environmental and Natural Resources Policy P. O. Box 12428 Austin, TX 78711 Jon C. Wood Matthews & Branscomb 112 East Pecan, Suite 1100 San Antonio, TX 78205 Arthur C. Tate, Director Division of Compliance & Inspection Bureau of Radiation Control Texas Department of Health 1100 West 49th Street Austin, TX 78756 Jim Calloway Public Utility Commission of Texas Electric Industry Analysis P. O. Box 13326 Austin, TX 78711-3326 South Texas, Units 1 & 2 cc:

Mr. William T. Cottle President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P. O. Box 289 Wadsworth, TX 77483