ML030370128

Withholding from Public Disclosure, Proprietary Document Entitled, Kewaunee Power Uprate Engineering Report Sections 5.7 & 5.8, MB7225

ML030370128
Person / Time
Site:	Kewaunee
Issue date:	02/06/2003
From:	John Lamb NRC/NRR/DLPM/LPD3
To:	Coutu T Nuclear Management Co
References
TAC MB7225
Download: ML030370128 (4)

Text

February 6, 2003 Mr. Thomas Coutu Site Vice President Kewaunee Nuclear Power Plant Nuclear Management Company, LLC N490 State Highway 42 Kewaunee, WI 54216

SUBJECT:

KEWAUNEE NUCLEAR POWER PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MB7225)

Dear Mr. Coutu:

By your application dated January 13, 2003, and Westinghouse Electric Company, LLCs (Westinghouse) affidavit executed by H. A. Sepp dated December 16, 2002, you submitted a proprietary document entitled, Kewaunee Power Uprate Engineering Report Sections 5.7 and 5.8" and you requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commissions (NRCs) public document room and added to the Agencywide Documents Access and Management Systems Publicly Available Records System (ADAMS PARS) Library.

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

(4)(ii)(a) 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.

(4)(ii)(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.

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 Westinghouses statements, has determined that the submitted information sought to be withheld contains privileged commercial information and should be withheld from public disclosure.

T. Coutu Therefore, we have determined that the document entitled, Kewaunee Power Uprate Engineering Report Sections 5.7 and 5.8" 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. Also, you 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 301-415-1446.

Sincerely,

/RA/

John G. Lamb, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-305 cc: See next page

ML030370128 *See previous concurrence OFFICE PDIII-1/PM PDIII-1/LA SRXB/SC OGC PDIII-1/SC NAME JLamb THarris *FAkstulewicz *MPSiemien *LRaghavan DATE 02/06/03 02/06/03 1/31/03 02/04/03 02/05/03 Kewaunee Nuclear Power Plant cc:

John H. ONeill, Jr. David Molzahn Shaw Pittman, Potts & Trowbridge Nuclear Asset Manager 2300 N. Street, NW 600 North Adams Street Washington, DC 20037-1128 Green Bay, WI 54307-9002 David Zellner Sarah Jenkins Town Chairman - Town of Carlton Electric Division N2164 County B Public Service Commission of Wisconsin Kewaunee, WI 54216 PO Box 7854 Madison, WI 53707-7854 Larry L. Weyers Chairman, President, and CEO NRC NRR Project Manager Wisconsin Public Service Corporation Mail Stop O-8-H-4A 600 North Adams Street U. S. Nuclear Regulatory Commission Green Bay, WI 54307-9002 Washington, DC 20555 Resident Inspectors Office U.S. Nuclear Regulatory Commission N490 Hwy 42 Kewaunee, WI 54216-9510 Regional Administrator Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Ave M. Bie, Chairperson Public Service Commission of Wisconsin PO Box 7854 Madison, WI 53707-7854 Roy Anderson Chief Nuclear Officer Nuclear Management Company, LLC 700 First Street Hudson, WI 54016