ML031540016

Request for Withholding Information from Public Disclosure

ML031540016
Person / Time
Site:	Prairie Island
Issue date:	06/02/2003
From:	John Lamb NRC/NRR/DLPM/LPD3
To:	Sepp H Westinghouse
Lamb J, NRR/DLPM, 415-1446
References
TAC MB8715
Download: ML031540016 (5)

Text

June 2, 2003 H. A. Sepp, Manager Regulatory and Licensing Engineering Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

PRAIRIE ISLAND NUCLEAR GENERATING PLANT, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MB8715)

Dear Mr. Sepp:

By letter dated April 25, 2003, the Nuclear Management Company, LLC, submitted an affidavit executed by H. A. Sepp, Westinghouse Electric Company, requesting that the following document (Reference No. CAW-03-1604) be withheld from public disclosure pursuant to 10 CFR 2.790:

WCAP-16059-P, Prairie Island Unit 1 - Lower Row Tube Dent Root Cause Analysis 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 affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

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.

It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

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.

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 privileged commercial information and should be withheld from public disclosure.

H. Sepp Therefore, the versions 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 should also 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. 50-282 cc: See next page

H. Sepp Therefore, the versions 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 should also 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. 50-282 cc: See next page DISTRIBUTION:

PUBLIC PDIII-1 Reading LRaghavan JLamb RBouling MPSiemien, OGC ACRS KRiemer, RIII ADAMS Accession Number: ML031540016 OFFICE PDIII-1/PM PDIII-1/LA OGC PDIII-1/SC NAME JLamb RBouling DHassell JStang for LRaghavan DATE 05/20/03 05/20/03 06/02/03 06/02/03 OFFICIAL RECORD COPY

Prairie Island Nuclear Generating Plant, Units 1 and 2 cc:

Jonathan Rogoff, Esquire Tribal Council General Counsel Prairie Island Indian Community Nuclear Management Company, LLC ATTN: Environmental Department 700 First Street 5636 Sturgeon Lake Road Hudson, WI 54016 Welch, MN 55089 Manager, Regulatory Affairs Mr. Roy A. Anderson Prairie Island Nuclear Generating Plant Executive Vice President Nuclear Management Company, LLC Nuclear Management Company, LLC 1717 Wakonade Drive East 700 First Street Welch, MN 55089 Hudson, WI 54016 Adonis A. Neblett Nuclear Asset Manager Assistant Attorney General Xcel Energy, Inc.

Office of the Attorney General 414 Nicollet Mall, R.S. 8 455 Minnesota Street Minneapolis, MN 55401 Suite 900 St. Paul, MN 55101-2127 John Paul Cowan Chief Nuclear Officer U.S. Nuclear Regulatory Commission Nuclear Management Company, LLC Resident Inspectors Office 27780 Blue Star Memorial Highway 1719 Wakonade Drive East Covert, MI 49043 Welch, MN 55089-9642 Mano K. Nazar Regional Administrator, Region III Senior Vice President U.S. Nuclear Regulatory Commission Nuclear Management Company, LLC 801 Warrenville Road Prairie Island Nuclear Generating Plant Lisle, IL 60532-4351 1717 Wakonade Drive East Welch, MN 55089 Administrator Goodhue County Courthouse Mr. Joseph M. Solymossy Box 408 Site Vice President Red Wing, MN 55066-0408 Prairie Island Nuclear Generating Plant Nuclear Management Company, LLC Commissioner 1717 Wakonade Drive East Minnesota Department of Commerce Welch, MN 55089 121 Seventh Place East Suite 200 St. Paul, MN 55101-2145 May 2003