ML032930443

Request for Withholding Information from Public Disclosure

ML032930443
Person / Time
Site:	Millstone
Issue date:	11/12/2003
From:	Richard Ennis NRC/NRR/DLPM/LPD1
To:	Sepp H Westinghouse
Ennis R, NRR/DLPM, 415-1420
References
TAC MC0942
Download: ML032930443 (7)

Text

November 12, 2003 Mr. H. A. Sepp Manager of Regulatory Compliance and Plant Licensing Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, MILLSTONE POWER STATION, UNIT NO. 2 (TAC NO. MC0942)

Dear Mr. Sepp:

By Dominion Nuclear Connecticut, Inc. letter (B19002) dated October 10, 2003, and Westinghouse Electric Company (Westinghouse) affidavit CAW-03-1716, executed by J. S. Galembush, dated October 3, 2003 (part of Enclosure 2 to letter B19002), Westinghouse requested that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

WCAP-15813-P, Revision 1, Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation: Millstone Unit 2 A nonproprietary copy of this document (Enclosure 1 to letter B19002), has been placed in the Nuclear Regulatory Commission's (NRC's or Commission'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 Westinghouse.

(2) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

(3) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.

H. Sepp (4) The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.

(5) 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 support documentation and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.

In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.

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.

H. Sepp If you have any questions regarding this matter, I may be reached at 301-415-1420.

Sincerely,

/RA/

Richard B. Ennis, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-336 cc: See next page

H. Sepp If you have any questions regarding this matter, I may be reached at 301-415-1420.

Sincerely,

/RA/

Richard B. Ennis, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-336 cc: See next page DISTRIBUTION PUBLIC JClifford OGC PDI-2 Reading CRaynor TChan CHolden REnnis BMcDermott, RGN-I Accession No.: ML032930443 OFFICE PDI-2/PM PDI-2/LA EMCB/SC OGC PDI-2/SC NAME REnnis CRaynor TChan MBupp JClifford DATE 10/27/03 10/29/03 11/03/03 11/07/03 11/10/03 OFFICIAL RECORD COPY

Millstone Power Station, Unit No. 2 cc:

Lillian M. Cuoco, Esquire Mr. J. Alan Price Senior Counsel Site Vice President Dominion Resources Services, Inc. Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Rope Ferry Road Waterford, CT 06385 Waterford, CT 06385 Edward L. Wilds, Jr., Ph.D. Mr. John Markowicz Director, Division of Radiation Co-Chair Department of Environmental Protection Nuclear Energy Advisory Council 79 Elm Street 9 Susan Terrace Hartford, CT 06106-5127 Waterford, CT 06385 Regional Administrator, Region I Mr. Evan W. Woollacott U.S. Nuclear Regulatory Commission Co-Chair 475 Allendale Road Nuclear Energy Advisory Council King of Prussia, PA 19406 128 Terrys Plain Road Simsbury, CT 06070 First Selectmen Town of Waterford Ms. Nancy Burton 15 Rope Ferry Road 147 Cross Highway Waterford, CT 06385 Redding Ridge, CT 00870 Charles Brinkman, Director Mr. G. D. Hicks Washington Operations Nuclear Services Director - Nuclear Station Safety and Licensing Westinghouse Electric Company Dominion Nuclear Connecticut, Inc.

12300 Twinbrook Pkwy, Suite 330 Rope Ferry Road Rockville, MD 20852 Waterford, CT 06385 Senior Resident Inspector Mr. S. E. Scace Millstone Power Station Assistant to the Site Vice President c/o U.S. Nuclear Regulatory Commission Dominion Nuclear Connecticut, Inc.

P.O. Box 513 Rope Ferry Road Niantic, CT 06357 Waterford, CT 06385 Mr. W. R. Matthews Mr. Chris L. Funderburk Senior Vice President - Nuclear Operations Director, Nuclear Licensing and Dominion Nuclear Connecticut, Inc. Operations Support Rope Ferry Road Dominion Resources Services, Inc.

Waterford, CT 06385 Innsbrook Technical Center 5000 Dominion Boulevard Mr. P. J. Parulis Glen Allen, VA 23060-6711 Manager - Nuclear Oversight Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385

Millstone Power Station, Unit No. 2 cc:

Mr. A. J. Jordan, Jr.

Director - Nuclear Engineering Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385 Mr. S. P. Sarver Director - Nuclear Station Operations and Maintenance Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385 Mr. David W. Dodson Licensing Supervisor Dominion Nuclear Connecticut, Inc.

Rope Ferry Road Waterford, CT 06385