ML031390120

St.Lucie, Units 1 and 2 - Request for Withholding Information from Public Disclosure Affadavit Dated 05/13/2003 - Half Nozzle Calculation

ML031390120
Person / Time
Site:	Saint Lucie
Issue date:	05/19/2003
From:	Moroney B NRC/NRR/DLPM/LPD2
To:	Rickard I Westinghouse
Moroney B, NRR/DLPM, 415-3974
Shared Package
ML031390139	List: ML031390085 ML031390120
References
TAC MB7199, TAC MB7200
Download: ML031390120 (5)

Text

May 19, 2003 Mr. Ian C. Rickard Licensing Project Manager Westinghouse Electric Company CE Nuclear Power, LLC P.O. Box 500 2000 Day Hill Road Windsor, CT 06095-0500

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY LLC - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SAINT LUCIE UNITS 1 AND 2 (TAC NOS. MB7199 AND MB7200)

Dear Mr. Rickard:

By Florida Power & Light Companys letter dated April 23, 2003, and your affidavit dated March 13, 2003, you submitted CR-9417-CSE95-1102, Revision 2, Structural Analysis of Replacement Instrument Nozzles and Heater Sleeves for Florida Power & Light - St. Lucie #1 &

2 Pressurizer, #1 & 2 piping, and #2 Steam Generator, January 1996, and requested that it be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) 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:

a. A similar product is manufactured and sold by major competitors of WEC

[Westinghouse Electric Co.].

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

c. The information consists of analyses demonstrating the structural integrity of a standard repair design for various St. Lucie Unit 1 and 2 partial penetration nozzles, the application 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 product's position or impair the position of WEC's product, and avoid developing similar technical analysis in support of their processes, methods or apparatus.

d. Significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included in pricing WECs products and services.

Mr. Ian C. Rickard 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 a competing product, 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.

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.

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, you may contact Ms. Eva Brown at 301-415-2315.

Sincerely,

/RA/

Brendan T. Moroney, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389 cc: See next page

ML031390120(Letter) Package Accession No.ML031390139 OFFICE PDII-2/PM PDII-2/PM PDII-2/LA OGC PDII-2/SC NAME EBrown BMoroney BClayton DHassell BMozafari for AHowe DATE 5/5/03 5/5/03 5/5/03 5/12/03 5/15/03 Florida Power and Light Company ST. LUCIE PLANT cc:

Mr. J. A. Stall Mr. R. E. Rose Senior Vice President, Nuclear and Plant General Manager Chief Nuclear Officer St. Lucie Nuclear Plant Florida Power and Light Company 6351 South Ocean Drive P.O. Box 14000 Jensen Beach, Florida 34957 Juno Beach, Florida 33408-0420 Mr. Kelly J. Korth Senior Resident Inspector Licensing Manager St. Lucie Plant St. Lucie Nuclear Plant U.S. Nuclear Regulatory Commission 6351 South Ocean Drive P.O. Box 6090 Jensen Beach, Florida 34957 Jensen Beach, Florida 34957 Mr. William Jefferson Craig Fugate, Director Vice President, Nuclear Operations Support Division of Emergency Preparedness P.O. Box 14000 Department of Community Affairs Juno Beach, FL 33408-0420 2740 Centerview Drive Tallahassee, Florida 32399-2100 Mr. Rajiv S. Kundalkar Vice President - Nuclear Engineering M. S. Ross, Attorney Florida Power & Light Company Florida Power & Light Company P.O. Box 14000 P.O. Box 14000 Juno Beach, FL 33408-0420 Juno Beach, FL 33408-0420 Mr. J. Kammel Mr. Douglas Anderson Radiological Emergency County Administrator Planning Administrator St. Lucie County Department of Public Safety 2300 Virginia Avenue 6000 SE. Tower Drive Fort Pierce, Florida 34982 Stuart, Florida 34997 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Mr. Donald E. Jernigan, Site Vice President St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957