ML031470002
| ML031470002 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 05/23/2003 |
| From: | John Lamb NRC/NRR/DLPM/LPD3 |
| To: | Coutu T Nuclear Management Co |
| Lamb J, NRR/DLPM, 415-1446 | |
| References | |
| TAC MB7225 | |
| Download: ML031470002 (4) | |
Text
May 23, 2003 Mr. Thomas Coutu Site Vice President Kewaunee Nuclear Power Plant Nuclear Management Company, LLC N490 State Highway 42 Kewaunee, WI 54216-9511
SUBJECT:
KEWAUNEE NUCLEAR POWER PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MB7225)
Dear Mr. Coutu:
By your letter dated April 25, 2003, and Westinghouse Electric Company, LLCs (Westinghouse) affidavit executed by H. A. Sepp dated April 25, 2003, you submitted a proprietary document entitled, Information Required to Support Response to Request for Additional Information (RAI) from [U. S. Nuclear Regulatory Commission] NRC I&C Branch on Kewaunee 1.4% Power Uprate" 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 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, Information Required to Support Response to Request for Additional Information (RAI) from NRC I&C Branch on Kewaunee 1.4% Power Uprate" 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
T. Coutu Therefore, we have determined that the document entitled, Information Required to Support Response to Request for Additional Information (RAI) from NRC I&C Branch on Kewaunee 1.4% Power Uprate" 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 DISTRIBUTION:
PUBLIC PD31 R/F GGrant, RIII ACRS OGC JLamb THarris MPSiemien OFFICE PDIII-1/PM PDIII-1/LA OGC PDIII-1/SC NAME JLamb THarris DHassell AMendiola for LRaghavan DATE 05/23/03 05/15/03 05/21/03 05/23/03 Accession No. ML031470002 OFFICIAL RECORD COPY
Kewaunee Nuclear Power Plant cc:
John Paul Cowan Jonathan Rogoff, Esquire Chief Nuclear Officer General Counsel, Nuclear Management Company, LLC Nuclear Management Company, LLC 27780 Blue Star Memorial Highway 700 First Street Cover, MI 49043 Hudson, WI 54016 Kyle Hoops Larry L. Weyers Plant Manager Chairman, President and CEO Kewaunee Nuclear Power Plant Wisconsin Public Service Corporation N490 Highway 42 600 North Adams Street Kewaunee, WI 54216-9511 Greey Bay, WI 54307-9002 Gordon P. Arent David Zellner Manager, Regulatory Affairs Chairman - Town of Carlton Kewaunee Nuclear Power Plant N2164 County B N490 Highway 42 Kewaunee, WI 54216 Kewaunee, WI 54216-9511 Sarah Jenkins David Molzahn Electric Division Nuclear Asset Manager Public Service Commission of Wisconsin Wisconsin Public Service Corporation PO Box 7854 600 N. Adams Street Madison, WI 53707-7854 Green Bay, WI 54307-9002 Thomas Webb Nuclear Asset Manager Wisconsin Public Service Corporation 600 N. Adams Street Green Bay, WI 54307-9002 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