ML032250102
| ML032250102 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 08/01/2003 |
| From: | Arrighi R Division of Regulatory Improvement Programs |
| To: | Sepp H Westinghouse |
| Arrighi RJ, NRR/DRIP/RLEP, 301-415-3936 | |
| References | |
| TAC MB5222 | |
| Download: ML032250102 (4) | |
Text
August 1, 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-15873 AND WCAP-15837 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MB5222)
Dear Mr. Sepp:
By Rochester Gas and Electric Corporations letter dated June 3, 2003, and your affidavit dated May 29, 2003, you submitted proprietary versions of Topical Reports WCAP-15873, "A demonstration of applicability of ASME Code Case N-481 to the primary Loop Pump Casings of R. E. Ginna Nuclear Power Plant for the License Renewal Program," and WCAP-15837, "Technical Justification for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Basis for the R. E. Ginna Nuclear Power Plant 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 reveals the distinguishing aspects of a process (or component, structure, tool, or method) where prevention of its use by any of Westinghouse competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
b) 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.
c)
It reveals aspects of past, present, or future Westinghouse or cusutomer funded development plans and programs of potential commercial value to Westinghouse.
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/
Russell Arrighi, Project Manager License Renewal Section A License Renewal and Environmental Impacts Program Division of Regulatory Improvement Program Office of Nuclear Reactor Regulation Docket No.: 50-244 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/
Russell Arrighi, Project Manager License Renewal Section A License Renewal and Environmental Impacts Program Division of Regulatory Improvement Program Office of Nuclear Reactor Regulation Docket No.: 50-244 cc: See next page DISTRIBUTION:
See next page Accession no.: ML032250102 C:\\ORPCheckout\\FileNET\\ML032250102.wpd OFFICE LA:RLEP:DRIP PM:RLEP:DRIP PM:RLEP:DRIP OGC SC:RLEP:DRIP NAME Y. Edmonds R. Subbaratnam R. Arrighi RAB S. Lee DATE 7/23/2003 7/23/2003 7/23/2003 8/1/2003 8/1/2003 OFFICIAL RECORD COPY
DISTRIBUTION: Withholding of Proprietary Version of Westinhouse Electric Companys Topical Reports WCAP-15873 and WCAP-15837, Dated: August 1, 2003 Accession no.: ML032250102 HARD COPY RLEP RF RArrighi RSubbaratnam E-MAIL:
PUBLIC W. Borchardt D. Matthews F. Gillespie RLEP Staff OGC
R.E. Ginna Nuclear Power Plant cc:
Kenneth Kolaczyk, Sr. Resident Inspector R.E. Ginna Plant U.S. Nuclear Regulatory Commission 1503 Lake Road Ontario, NY 14519 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. William M. Flynn, President New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Daniel F. Stenger Ballard Spahr Andrews & Ingersoll, LLP 601 13th Street, N.W., Suite 1000 South Washington, DC 20005 Ms. Thelma Wideman, Director Wayne County Emergency Management Office Wayne County Emergency Operations Center 7336 Route 31 Lyons, NY 14489 Ms. Mary Louise Meisenzahl Administrator, Monroe County Office of Emergency Preparedness 1190 Scottsville Road, Suite 200 Rochester, NY 14624 Dr. Robert C. Mecredy Vice President, Nuclear Operations Rochester Gas and Electric Corporation 89 East Avenue Rochester, NY 14649 Mr. Paul Eddy New York State Department of Public Service 3 Empire State Plaza, 10th Floor Albany, NY 12223 Mr. Fred Emerson Nuclear Energy Institute 1776 I Street, N.W., Suite 400 Washington, DC 20006-3708 APN@NEI.ORG George Wrobel Manager, License Renewal R.E.Ginna Nuclear Power Plant 1503 Lake Rd.
Ontario, NY 14519 Mr. Denis Wickham Sr. Vice President Transmission & Supply Energy East Management Corporation P.O. Box 5224 Binghampton, NY 13902 Mr. David F. Wilson R.E. Ginna Nuclear Power Plant 1503 Lake Rd.
Ontario, NY 14519