ML032120706
| ML032120706 | |
| Person / Time | |
|---|---|
| Site: | Robinson  |
| Issue date: | 07/30/2003 |
| From: | Mitra S NRC/NRR/DRIP/RLEP |
| To: | Sepp H Westinghouse |
| Subbaratnam R NRR/DRIP/RLEP, 415-1478 | |
| References | |
| WCAP-15363, WCAP-15628 | |
| Download: ML032120706 (7) | |
Text
July 30, 2003 Mr. H. A. Sepp, Manager of Regulatory Compliance and Plant Licensing Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355
SUBJECT:
WITHHOLDING OF PROPRIETARY VERSION OF WESTINGHOUSE ELECTRIC COMPANYS TOPICAL REPORTS WCAP-15628 AND WCAP-15363, REVISION 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
Dear Mr. Sepp:
By Carolina Power & Light Company (CP&L) letter dated May 7, 2003, and your affidavit dated April 9, 2003, you submitted proprietary versions of Topical Reports WCAP-15628, Technical Justification for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Basis for the H. B. Robinson Unit 2 Nuclear Power Plant for the License Renewal Program, and WCAP-15363, Revision 1, A demonstration of Applicability of ASME Code Case N-481 to the Primary Loop Pump Casings of H. B. Robinson Unit 2 for the License Renewal Program and requested that they be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. A non-proprietary 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 affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
a)
The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse. Also, the information is of a type customarily held in confidence by Westinghouse and not disclosed to public.
b)
It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products or services involving the use of the information.
c)
Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
d)
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar products and licensing defense services for commercial power reactors without commensurate expenses.
We have reviewed your 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 the 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/
Sikhindra Mitra, Project Manager License Renewal Section A License Renewal and Environmental Impacts Program Division of Regulatory Improvement Program Office of Nuclear Reactor Regulation Docket No.: 50-261 cc: See next page We have reviewed your 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 the 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/
Sikhindra Mitra, Project Manager License Renewal Section A License Renewal and Environmental Impacts Program Division of Regulatory Improvement Program Office of Nuclear Reactor Regulation Docket No.: 50-261 cc: See next page DISTRIBUTION:
See next page Accession no.: ML032120706 C:\\ORPCheckout\\FileNET\\ML032120706.wpd OFFICE LA:RLEP:DRIP PM:RLEP:DRIP PM:RLEP:DRIP OGC (As revised)
SC:RLEP:DRIP NAME Y. Edmonds R. Subbaratnam S.K. Mitra D. Hassell S. Lee DATE 7/24/2003 7/24/2003 7/24/2003 7/29/2003 7/30/2003 OFFICIAL RECORD COPY
DISTRIBUTION: WITHHOLDING OF PROPRIETARY VERSION OF WESTINHOUSE ELECTRIC COMPANYS TOPICAL REPORTS WCAP-15628 AND WCAP-15363, REVISION 1 ML HARD COPY RLEP RF SKMitra RSubbaratnam E-MAIL:
PUBLIC W. Borchardt D. Matthews F. Gillespie OGC
Mr. J. W. Moyer Carolina Power & Light Company cc:
Mr. John Moyer, Vice President H. B. Robinson Steam Electric Plant Carolina Power and Light Company 3581 West Entrance Road Hartsville, SC 29550 Mr. William D. Johnson Vice President and Corporate Secretary Carolina Power & Light Company Post Office Box 1551 Raleigh, NC 27602 Ms. Karen E. Long Assistant Attorney General State of North Carolina Post Office Box 629 Raleigh, NC 27602 U.S. Nuclear Regulatory Commission Resident Inspectors Office H. B. Robinson Steam Electric Plant 2112 Old Camden Road Hartsville, SC 29550 Mr. T. P. Cleary Plant General Manager Carolina Power & Light Company H. B. Robinson Steam Electric Plant, Unit No. 2 3581 West Entrance Road Hartsville, SC 29550 Mr. Chris L. Burton Director of Site Operations Carolina Power & Light Company H. B. Robinson Steam Electric Plant, Unit No. 2 3581 West Entrance Road Hartsville, SC 29550 Public Service Commission Post Office Drawer 11649 State of South Carolina H. B. Robinson Steam Electric Plant, Unit No. 2 Mr. C. T. Baucom Supervisor, Licensing/Regulatory Programs Carolina Power & Light Company H. B. Robinson Steam Electric Plant Unit No. 2 3581 West Entrance Road Hartsville, SC 29550 Ms. Beverly Hall, Acting Director N.C. Department of Environment and Natural Resources Division of Radiation Protection 3825 Barrett Dr.
Raleigh, NC 27609-7721 Mr. Robert P. Gruber Executive Director Public Staff - NCUC 4326 Mail Service Center Raleigh, NC 27699-4326 Mr. Virgil R. Autry, Director South Carolina Department of Health Bureau of Land & Waste Management Division of Radioactive Waste 2600 Bull Street Columbia, SC 29201 Mr. Terry C. Morton, Manager Performance Evaluation and Regulatory Affairs CPB 7 Carolina Power & Light Company Post Office Box 1551 Raleigh, NC 27602-1551 Mr. John H. ONeill, Jr.
Shaw, Pittman, Potts & Trowbridge 2300 N Street, NW.
Washington, DC 20037-1128 Mr. B. L. Fletcher III Manager - Regulatory Affairs Carolina Power & Light Company H. B. Robinson Steam Electric Plant Unit No. 2 3581 West Entrance Road Hartsville, SC 29550-0790
Mr. Fred Emerson Nuclear Energy Institute 1776 I Street, NW., Suite 400 Washington, DC 20006-3708 Talmage B. Clements Manager - License Renewal Carolina Power and Light Company 410 South Wilmington Street Raleigh, NC 27602 Mr. Roger A. Stewart Carolina Power and Light Company H. B. Robinson Steam Electric Plant, Unit No. 2 3581 West Entrance Road Hartsville, SC 29550