ML031570286
| ML031570286 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 06/04/2003 |
| From: | Jaffe D NRC/NRR/DLPM/LPD4 |
| To: | Sepp H Westinghouse |
| Jaffe D, NRR/DLPM, 415-1439 | |
| References | |
| SG-SGDA-02-43-P, SG-SGDA-03-03-P, TAC MB8456 | |
| Download: ML031570286 (4) | |
Text
June 4, 2003 Mr. Henry A. Sepp Manager of Regulatory and Licensing Engineering Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355
SUBJECT:
TXU ENERGY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR COMANCHE PEAK STEAM ELECTRIC STATION, UNIT 1 (TAC NO. MB8456)
Dear Mr. Sepp:
By letter dated March 18, 2003, TXU Energy (TXU) submitted an affidavit executed by you requesting that the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations, Section 2.790 (10 CFR 2.790):
(1)
Westinghouse Electric Company LLC (Westinghouse) Report SG-SGDA-02-43-P, Comanche Peak Steam Electric Station 1RF09 Outage Condition Monitoring Report and Preliminary Cycle 10 Operational Assessment, dated October 2002 (2)
Westinghouse Report SG-SGDA-03-03-P, Comanche Peak Steam Electric Station Unit 1 Cycle 10 Operational Assessment, dated January 2003.
A nonproprietary copy of these documents have 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 proprietary version of these documents contains information proprietary to Westinghouse as indicated by square brackets [ ] in the proprietary and nonproprietary versions of these documents.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(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.
(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.
Mr. Henry A. Sepp (e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
We have reviewed the application and the provided 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.
Sincerely,
/RA/
David H. Jaffe, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-445 cc: See next page
ML031570286 NRR-106 OFFICE PDIV-1/PM PDIV-1/LA EMCB/SC OGC PDIV-1/SC NAME DJaffe:sp DJohnson ALund DHassell RGramm DATE 5/07/03 5/07/03 5/20/03 6/02/03 6/04/03
March 2003 Comanche Peak Steam Electric Station cc:
Senior Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 2159 Glen Rose, TX 76403-2159 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Mr. Roger D. Walker Regulatory Affairs Manager TXU Generation Company LP P. O. Box 1002 Glen Rose, TX 76043 George L. Edgar, Esq.
Morgan Lewis 1111 Pennsylvania Avenue, NW Washington, DC 20004 County Judge P. O. Box 851 Glen Rose, TX 76043 Environmental and Natural Resources Policy Director Office of the Governor P. O. Box 12428 Austin, TX 78711-3189 Mr. Richard A. Ratliff, Chief Bureau of Radiation Control Texas Department of Health 1100 West 49th Street Austin, TX 78756-3189 Mr. Brian Almon Public Utility Commission William B. Travis Building P. O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326 Ms. Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P. O. Box 13087 Austin, TX 78711-3087 Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Program P. O. Box 12157 Austin, TX 78711