ML031600333

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Letter, Request for Withholding Information from Public Disclosure
ML031600333
Person / Time
Site: Cook  American Electric Power icon.png
Issue date: 06/27/2003
From: Stang J
NRC/NRR/DLPM/LPD3
To: Sepp H
Westinghouse
stang J, NRR/DLPM, 415-1345
References
TAC MB7162, TAC MB7163
Download: ML031600333 (4)


Text

June 27, 2003 H.A. Sepp, Manager Regulatory and Licensing Engineering Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

DONALD C. COOK NUCLEAR PLANT, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MB7162 AND MB7163)

Dear Mr. Sepp:

By letter dated December 10, 2002, the Indiana Michigan Power Company submitted an affidavit dated November 14, 2002, executed by H. A. Sepp of the Westinghouse Electric Company, LLC (Westinghouse), 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:

Westinghouse Letter LTR-EMT-02-316, Thermal Stress Intensity Factors for D.C. Cook Unit 1 PT Curves.

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commissions (NRCs) 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 numerical values reveal information about the Westinghouse pressure temperature analysis for D. C. Cook Unit 1, where prevention of the use of these values without a license from Westinghouse constitutes a competitive economic advantage over other companies.

The application of the numerical values related to the thermal stress intensity factors for D. C. Cook Unit 1 pressure temperature curves secures a competitive economic advantage over other companies. The information, which if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, application, assurance of quality, or licensing of 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 proprietary commercial information and should be withheld from public disclosure.

H. A. Sepp 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 301-415-1345.

Sincerely,

/RA/

John F. Stang, Senior Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-315 cc: See next page

ML03 OFFICE PDIII-1/PM PDIII-1/LA OGC PDIII-1/SC NAME JStang THarris DHassell LRaghavan DATE 06/13/03 06/10/03 06/25/03 06/27/03

Donald C. Cook Nuclear Plant, Units 1 and 2 cc:

Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Attorney General Department of Attorney General 525 West Ottawa Street Lansing, MI 48913 Township Supervisor Lake Township Hall P.O. Box 818 Bridgman, MI 49106 U.S. Nuclear Regulatory Commission Resident Inspectors Office 7700 Red Arrow Highway Stevensville, MI 49127 David W. Jenkins, Esquire Indiana Michigan Power Company One Cook Place Bridgman, MI 49106 Mayor, City of Bridgman P.O. Box 366 Bridgman, MI 49106 Special Assistant to the Governor Room 1 - State Capitol Lansing, MI 48909 Mr. John B. Giessner Director, Technical Projects Indiana Michigan Power Company Nuclear Generation Group 500 Circle Drive Buchanan, MI 49107 Michigan Department of Environmental Quality Waste and Hazardous Materials Div.

Hazardous Waste & Radiological Protection Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street P. O. Box 30241 Lansing, MI 48909-7741 David A. Lochbaum Union of Concerned Scientists 1616 P Street NW, Suite 310 Washington, DC 20036-1495 Michael J. Finissi Plant Manager Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106 Joseph E. Pollock Site Vice President Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106