ML031430214
| ML031430214 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 05/22/2003 |
| From: | Moroney B NRC/NRR/DLPM/LPD2 |
| To: | Sepp H Westinghouse |
| Moroney B, NRR/DLPM, 415-3974 | |
| References | |
| TAC MB8165, WCAP-16038-P | |
| Download: ML031430214 (5) | |
Text
May 22, 2003 Mr. H. A. Sepp, Manager Regulatory and Licensing Engineering Westinghouse Electric Company Nuclear Services P. O. Box 355 Pittsburgh, PA 15230-0355
SUBJECT:
WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ST. LUCIE PLANT, UNIT NO. 2 (TAC NO. MB8165)
Dear Mr. Sepp:
By letter dated April 18, 2003, Florida Power and Light Company submitted an affidavit dated April 2, 2003, executed by you requesting that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:
WCAP-16038-P, Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation: St. Lucie Unit 2.
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:
The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
The information is of a type customarily held in confidence be Westinghouse and not customarily disclosed to the public.
The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.
The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar documentation and licensing defense service for commercial power reactors without commensurate expenses. Also public disclosure of
H. Sepp the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the required talent and experience, would have to be expended.
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, I may be reached at 301-415-3974.
Sincerely,
/RA/
Brendan T. Moroney, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-389 cc: See next page
ML03143021 OFFICE PDII-2/PM PDII-2/LA OGC PDII-2/SC NAME BMoroney BClayton DHassell AHowe As revised DATE 5/9/03 5/9/03 5/14/03 5/21/03 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