ML032250683

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Westinghouse Electric Co. Request for Withholding Information from Public Disclosure
ML032250683
Person / Time
Site: Watts Bar Tennessee Valley Authority icon.png
Issue date: 08/13/2003
From: Chernoff M
NRC/NRR/DLPM/LPD2
To: Sepp H
Westinghouse
Chernoff, M H, NRR/DLPM, 301-415-4041
References
TAC MB6976
Download: ML032250683 (5)


Text

August 13, 2003 Mr. H. A. Sepp, Regulatory and Licensing Engineering Westinghouse Electric Company P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR WATTS BAR NUCLEAR PLANT, UNIT 1 (TAC NO. MB6976)

Dear Mr. Sepp:

By letter dated December 13, 2002, the Tennessee Valley Authority (TVA or the licensee) submitted an affidavit dated November 21, 2002. The affidavit is executed by Mr. Ian C.

Rickard, Licensing Project Manager, Westinghouse Electric Company LLC. The affadavit requested that WCAP-15918-P, Rev. 0, Steam Generator Tube Repair for Combusion Engineering and Westinghouse Designed Plants with 3/4 Inch Inconel 600 Tubes Using Leak Limiting Alloy 800 Sleeves, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790.

A nonproprietary version of this document has been placed in the U.S. 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:

1.

The information sought to be withheld from public disclosure is owned and has been held in confidence by WEC [Westinghouse Electric Company LLC]. It consists of an evaluation of metallurgical conditions associated with the use of Alloy 800 sleeves in the repair of tubes in Combustion Engineering and Westinghouse designed steam generators.

2.

Public disclosure of the information is likely to cause substantial harm to the competitive position of WEC because:

a.

The information consists of configuration, design calculations, inspection techniques and methodology to inspect Alloy 800 steam generator tube repair sleeves, the application of which provides Westinghouse a competitive economic advantage. The availability of such information to competitors would enable them to design their product or service to better compete with WEC, take marketing or other actions to improve their products position or impair the position of WECs product, and avoid developing similar technical analysis in support of their processes, methods, or apparatus.

H. A. Sepp b.

Significant research, development, engineering, analytical, manufacturing, licensing, quality assurance and other costs and expenses must be included in pricing WECs products and services. The ability of WECs competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

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.

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 301-415-4041.

Sincerely,

/RA/

Margaret Chernoff, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-390 cc: See next page

ML032250683 OFFICE PDII-2/PM PDII-2/LA OGC PDII/SC NAME MChernoff BClayton DHassle AHowe DATE 8/6/03 8/6/03 8/8/03 8/13/03

H. Sepp Westinghouse Electric Company WATTS BAR NUCLEAR PLANT cc:

Mr. J. A. Scalice Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402-2801 Mr. Karl W. Singer, Senior Vice President Nuclear Operations Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. James E. Maddox, Vice President Engineering & Technical Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. William R. Lagergren Site Vice President Watts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381 General Counsel Tennessee Valley Authority ET 11A 400 West Summit Hill Drive Knoxville, TN 37902 Mr. Robert J. Adney, General Manager Nuclear Assurance Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Mark J. Burzynski, Manager Nuclear Licensing Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801 Mr. Paul L. Pace, Manager Licensing and Industry Affairs Watts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381 Mr. Larry S. Bryant, Manager Watts Bar Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Spring City, TN 37381 Senior Resident Inspector Watts Bar Nuclear Plant U.S. Nuclear Regulatory Commission 1260 Nuclear Plant Road Spring City, TN 37381 Rhea County Executive 375 Church Street Suite 215 Dayton, TN 37321 County Executive Meigs County Courthouse Decatur, TN 37322 Mr. Lawrence E. Nanney, Director Division of Radiological Health Dept. of Environment & Conservation Third Floor, L and C Annex 401 Church Street Nashville, TN 37243-1532 Ms. Ann P. Harris 341 Swing Loop Road Rockwood, Tennessee 37854 David Lochbaum Nuclear Safety Engineer Union of Concern Scientists 1707 H Street, NW, Suite 600 Washington, D.C. 20006-3919