ML023580154

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Request for Withholding Information from Public Disclosure, TAC Nos. MB5435, MB5436, MB5433, MB5434
ML023580154
Person / Time
Site: Surry, North Anna  Dominion icon.png
Issue date: 12/24/2002
From: Gratton C
NRC/NRR/DLPM/LPD2
To: Christian D
Virginia Electric & Power Co (VEPCO)
Gratton C, NRR/DLPM 415-1055
References
TAC MB5433, TAC MB5434, TAC MB5435, TAC MB5436
Download: ML023580154 (4)


Text

December 24, 2002 Mr. David A. Christian Senior Vice President-Nuclear Virginia Electric and Power Company 5000 Dominion Blvd.

Glen Allen, Virginia 23060

SUBJECT:

SURRY POWER STATION, UNITS 1 AND 2 AND NORTH ANNA, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MB5435, MB5436, MB5433 AND MB5434)

Dear Mr. Christian:

By your application dated June 13, 2002, as supplemented November 25, 2002, and affidavit executed by Leslie N. Hartz dated June 13, 2002, you submitted proprietary documents entitled, Virginia Electric and Power Company Request for Approval of Topical Report DOM-NAF-1-Qualification of the Studsvik Core Management System Reactor Physics Methods for Application to North Anna and Surry Power Stations, and Virginia Electric and Power Company Request for Additional Information Topical Report DOM-NAF Qualification of the Studsvik Core Management System Reactor Physics Methods for Application to North Anna and Surry Power Stations, respectively, and requested that they be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary copy of each document has been placed in the NRC public document room and added to the Agencywide Documents Access and Management Systems Publicly Available Records System Library.

The affidavit, which the licensee requested be applied to both submittals, stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1. This information is and has been held in confidence by Virginia Electric and Power Company (Dominion).
2. This information is of a type that is held in confidence by Dominion, and there is a rational basis for doing so because the information contains sensitive commercial information concerning Dominions reactor physics and analysis methodology.
3. This information is being transmitted to the NRC in confidence.
4. This information is not available in public sources and could not be gathered readily from other publicly available information.
5. Public disclosure of this information would create substantial harm to the competitive position of Dominion by disclosing confidential Dominion internal reactor physics analysis methodology information to other parties whose commercial interests may be adverse to those of Dominion. Furthermore,

Dominion has expended significant engineering resources in the development of the information. Therefore, the use of this confidential information by competitors would permit them to use the information developed by Dominion without the expenditure of similar resources, thus giving them a competitive advantage.

We have reviewed your application and supplement, and the material contained therein, and 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, we have determined that the documents entitled, Virginia Electric and Power Company Request for Approval of Topical Report DOM-NAF Qualification of the Studsvik Core Management System Reactor Physics Methods for Application to North Anna and Surry Power Stations, and Virginia Electric and Power Company Request for Additional Information Topical Report DOM-NAF Qualification of the Studsvik Core Management System Reactor Physics Methods for Application to North Anna and Surry Power Stations 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.

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, contact either Christopher Gratton at (301) 415-1055 or Stephen Monarque at (301) 415-1544.

Sincerely,

/RA/

Christopher Gratton, Sr. Project Manager Project Directorate II-1 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-280 and 50-281 50-338 and 50-339 cc: See next page

Dominion has expended significant engineering resources in the development of the information. Therefore, the use of this confidential information by competitors would permit them to use the information developed by Dominion without the expenditure of similar resources, thus giving them a competitive advantage.

We have reviewed your application and supplement, and the material contained therein, and 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, we have determined that the documents entitled, Virginia Electric and Power Company Request for Approval of Topical Report DOM-NAF Qualification of the Studsvik Core Management System Reactor Physics Methods for Application to North Anna and Surry Power Stations, and Virginia Electric and Power Company Request for Additional Information Topical Report DOM-NAF Qualification of the Studsvik Core Management System Reactor Physics Methods for Application to North Anna and Surry Power Stations 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.

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, contact either Christopher Gratton at (301) 415-1055 or Stephen Monarque at (301) 415-1544.

Sincerely,

/RA/

Christopher Gratton, Sr. Project Manager Project Directorate II-1 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-280 and 50-281 50-338 and 50-339 cc: See next page Distribution:

PUBLIC PDII-1 R/F HBerkow JNakoski MPSiemien, OGC KLandis,RII SMonarque Accession No. ML023580154 *See previous concurrence OFFICE PDII-1/PM PDII-2/LA OGC* PDII-1/SC NAME CGratton EDunnington RBaum for JNakoski MPSiemien DATE 12/20/02 12/20/02 12/19/02 12/23/02 OFFICIAL RECORD COPY

Mr. David A. Christian Surry Power Station Virginia Electric and Power Company cc:

Ms. Lillian M.Cuoco, Esq. Office of the Attorney General Senior Nuclear Counsel Commonwealth of Virginia Dominion Nuclear Connecticut, Inc. 900 East Main Street Millstone Power Station Richmond, Virginia 23219 Building 475, 5th Floor Rope Ferry Road Mr. Stephen P. Sarver, Director Rt. 156 Nuclear Licensing & Operations Support Waterford, Connecticut 06385 Innsbrook Technical Center Virginia Electric and Power Company Mr. Richard H. Blount, II 5000 Dominion Blvd.

Site Vice President Glen Allen, Virginia 23060-6711 Surry Power Station Virginia Electric and Power Company Mr. David A. Heacock 5570 Hog Island Road Site Vice President Surry, Virginia 23883-0315 North Anna Power Station Virginia Electric and Power Company Senior Resident Inspector P. O. Box 402 Surry Power Station Mineral, Virginia 23117-0402 U. S. Nuclear Regulatory Commission 5850 Hog Island Road Mr. William R. Matthews Surry, Virginia 23883 Vice President - Nuclear Operations Virginia Electric and Power Company Chairman Innsbrook Technical Center Board of Supervisors of Surry County 5000 Dominion Boulevard Surry County Courthouse Glen Allen, Virginia 23060-6711 Surry, Virginia 23683 Dr. W. T. Lough Virginia State Corporation Commission Division of Energy Regulation P. O. Box 1197 Richmond, Virginia 23209 Robert B. Strobe, M.D., M.P.H.

State Health Commissioner Office of the Commissioner Virginia Department of Health P.O. Box 2448 Richmond, Virginia 23218

Mr. David A. Christian North Anna Power Station Virginia Electric and Power Company Units 1 and 2 cc:

Mr. C. Lee Lintecum Mr. David A. Heacock County Administrator Site Vice President Louisa County North Anna Power Station P. O. Box 160 P. O. Box 402 Louisa, Virginia 23093 Mineral Virginia 23117-0402 Ms. Lillian M. Cuocco, Esq. Mr. Richard H. Blount, II Senior Nuclear Counsel Site Vice President Dominion Nuclear Connecticut, Inc. Surry Power Station Millstone Power Station Virginia Electric and Power Company Building 475, 5 th floor 5570 Hog Island Road Rope Ferry Road Surry, Virginia 23883-0315 Rt. 156 Waterford, Connecticut 06385 Mr. Robert B. Strobe, M.D., M.P.H.

State Health Commissioner Dr. W. T. Lough Office of the Commissioner Virginia State Corporation Virginia Department of Health Commission P. O. Box 2448 Division of Energy Regulation Richmond, Virginia 23218 P. O. Box 1197 Richmond, Virginia 23209 Mr. William R. Matthews Vice President- Nuclear Operations Old Dominion Electric Cooperative Virginia Electric and Power Company 4201 Dominion Blvd. Innsbrook Technical Center Glen Allen, Virginia 23060 5000 Dominion Boulevard Glen Allen, Virginia 23060-6711 Mr. Stephen P. Sarver, Director Nuclear Licensing & Operations Support Virginia Electric Power Company Innsbrook Technical Center 5500 Dominion Blvd.

Glen Allen, Virginia 23060-6711 Office of the Attorney General Commonwealth of Virginia 900 East Main Street Richmond, Virginia 23219 Senior Resident Inspector North Anna Power Station U. S. Nuclear Regulatory Commission 1024 Haley Drive Mineral, Virginia 23117