ML032020516

Withholding Information from Public Disclosure, the Westinghouse Report AEP-01-217, Tabular Alloy 600 Data from Aep/Usnrc Meeting on November 20, 2001.

ML032020516
Person / Time
Site:	Cook
Issue date:	08/01/2003
From:	Mohammed Shuaibi NRC/NRR/DLPM/LPD3
To:	Sepp H Westinghouse
References
AEP-01-217, TAC MC0012, TAC MC0013
Download: ML032020516 (4)

Text

August 1, 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, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MC0012 AND MC0013)

Dear Mr. Sepp:

By letter dated November 28, 2001, the Indiana Michigan Power Company (I&M) submitted an affidavit dated November 26, 2001, executed by J. W. Fasnacht 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 Report AEP-01-217, Tabular Alloy 600 Data From AEP/USNRC Meeting On November 20, 2001. At the request of the Nuclear Regulatory Commissions (NRC) staff, the I&M, by letter dated June 20, 2003, submitted an affidavit dated June 11, 2003, executed by H. A. Sepp, of Westinghouse, which again requested that Westinghouse Report AEP-01-217, Tabular Alloy 600 Data From AEP/USNRC Meeting On November 20, 2001 be withheld from public disclosure. The information to be considered exempt from mandatory public disclosure consists of information involved in the structural integrity evaluation of reactor vessel upper head penetrations for D. C. Cook Units 1 and 2.

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.

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

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, Westinghouse Report AEP-01-217 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 301-415-2859.

Sincerely,

/RA/

Mohammed A. Shuaibi, Senior Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-315 and 50-316 cc: See next page

ML032020516 OFFICE PDIII-1/PM PDIII-1/LA OGC PDIII-1/SC NAME MShuaibi THarris RBaum LRaghavan DATE 07/24/03 07/24/03 07/31/03 08/01/03 Donald C. Cook Nuclear Plant, Units 1 and 2 cc:

Regional Administrator, Region III Michigan Department of Environmental U.S. Nuclear Regulatory Commission Quality 801 Warrenville Road Waste and Hazardous Materials Div.

Lisle, IL 60532-4351 Hazardous Waste & Radiological Protection Section Attorney General Nuclear Facilities Unit Department of Attorney General Constitution Hall, Lower-Level North 525 West Ottawa Street 525 West Allegan Street Lansing, MI 48913 P. O. Box 30241 Lansing, MI 48909-7741 Township Supervisor Lake Township Hall David A. Lochbaum P.O. Box 818 Union of Concerned Scientists Bridgman, MI 49106 1616 P Street NW, Suite 310 Washington, DC 20036-1495 U.S. Nuclear Regulatory Commission Resident Inspectors Office Michael J. Finissi 7700 Red Arrow Highway Plant Manager Stevensville, MI 49127 Indiana Michigan Power Company Nuclear Generation Group David W. Jenkins, Esquire One Cook Place Indiana Michigan Power Company Bridgman, MI 49106 One Cook Place Bridgman, MI 49106 Joseph E. Pollock Site Vice President Mayor, City of Bridgman Indiana Michigan Power Company P.O. Box 366 Nuclear Generation Group Bridgman, MI 49106 One Cook Place 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