ML021040006
| ML021040006 | |
| Person / Time | |
|---|---|
| Site: | Waterford  |
| Issue date: | 04/12/2002 |
| From: | Kalyanam N NRC/NRR/DLPM/LPD4 |
| To: | Richardson P Westinghouse |
| References | |
| TAC MB2379 | |
| Download: ML021040006 (4) | |
Text
April 12, 2002 Mr. Phillip W. Richardson Licensing Product Manager Westinghouse Electric Company 2000 Day Hill Road Windsor, CT 06095
SUBJECT:
REQUEST FOR WITHHOLDING FROM PUBLIC DISCLOSURE -
WATERFORD STEAM ELECTRIC STATION, UNIT 3 -
SUMMARY
OF THE ANALYSES OF OTHER CHAPTER 15 EVENTS PERFORMED IN REGARDS TO REPLACEMENT OF PART-LENGTH CONTROL ELEMENT ASSEMBLY CHANGE REQUEST (TAC NO. MB2379)
Dear Mr. Richardson:
Entergy Operations, Inc. (EOI), the licensee for Waterford Steam Electric Station, Unit 3 (Waterford 3), submitted your January 15, 2002, affidavit which requested that information contained in the document, "Summary of Analyses of Other Chapter 15 Events," included as, to EOI letter dated January 17, 2002, "Replacement of Part-Length Control Element Assemblies," be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary copy of this document, which also was attached to EOIs letter, will be placed in the Nuclear Regulatory Commissions (NRCs) 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:
6.
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 and sold by major competitors of WEC.
b.
WEC invested substantial funds and engineering resources to develop this information. A competitor would have to incur similar expense and investment of resources to generate equivalent information.
c.
The information consists of results of physics parameter assessments for the Waterford 3, Cycle 12 design, the application of which provides WEC 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 product's position or impair the position of WEC's product, and avoid developing similar information in support of their processes, methods[,] or apparatus.
d.
In pricing WEC's products and services, significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included. The ability of WECs competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
e.
Use of the information by competitors in the international marketplace would increase their ability to market comparable services by reducing the costs associated with their technology development. In addition, disclosure would have an adverse economic impact on WECs potential for obtaining or maintaining foreign licenses.
The NRC has reviewed your affidavit 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(s) 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, the NRC may send copies of this information to our consultants working in this area. The NRC 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 301-415-1480.
Sincerely,
/RA/
N. Kalyanam, Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-382 cc: See next page costs and expenses must be included. The ability of WECs competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.
f.
Use of the information by competitors in the international marketplace would increase their ability to market comparable services by reducing the costs associated with their technology development. In addition, disclosure would have an adverse economic impact on WECs potential for obtaining or maintaining foreign licenses.
The NRC has reviewed your affidavit 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(s) 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, the NRC may send copies of this information to our consultants working in this area. The NRC 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 301-415-1480.
Sincerely,
/RA/
N. Kalyanam, Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-382 cc: See next page DISTRIBUTION:
PUBLIC PDIV-1 r/f RidsNrrDlpmLpdiv (SRichards)
RidsNrrDlpmLpdiv1 (RGramm)
RidsNrrLADJohnson RidsNrrPMNKalyanam MPSiemien RidsRgn4MailCenter (KBrockman)
Accession No.: ML0001040006
- See previous concurrence OFFICE PDIV-1/PM PDIV-1/LA SRXB/BC OGC PDIV-1/SC NAME NKalyanam DJohnson JWermiel*
MPSiemien WReckley for RGramm DATE 04/04/02 04/04/02 03/18/02 04/11/02 04/12/02 OFFICIAL RECORD COPY
January 2002 Waterford Generating Station 3 cc:
Mr. Michael E. Henry, Administrator and State Liaison Officer Department of Environmental Quality P. O. Box 82135 Baton Rouge, LA 70884-2135 Vice President, Operations Support Entergy Operations, Inc.
P. O. Box 31995 Jackson, MS 39286-1995 Director Nuclear Safety Assurance Entergy Operations, Inc.
17265 River Road Killona, LA 70066-0751 Wise, Carter, Child & Caraway P. O. Box 651 Jackson, MS 39205 General Manager Plant Operations Waterford 3 SES Entergy Operations, Inc.
17265 River Road Killona, LA 70066-0751 Licensing Manager Entergy Operations, Inc.
17265 River Road Killona, LA 70066-0751 Winston & Strawn 1400 L Street, N.W.
Washington, DC 20005-3502 Resident Inspector/Waterford NPS P. O. Box 822 Killona, LA 70066-0751 Regional Administrator, Region IV U. S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, TX 76011 Parish President Council St. Charles Parish P. O. Box 302 Hahnville, LA 70057 Executive Vice-President and Chief Operating Officer Entergy Operations, Inc.
P. O. Box 31995 Jackson, MS 39286-1995 Chairman Louisiana Public Services Commission P.O. Box 91154 Baton Rouge, LA 70825-1697 Mr. Joseph E. Venable Vice President Operations Entergy Operations, Inc.
17265 River Road Killona, LA 70066-0751