ML032940037
| ML032940037 | |
| Person / Time | |
|---|---|
| Site: | Watts Bar  |
| Issue date: | 10/21/2003 |
| From: | Chernoff M NRC/NRR/DLPM/LPD2 |
| To: | Sepp H Westinghouse |
| Chernoff, M H, NRR/DLPM, 301-415-4041 | |
| References | |
| TAC MB7746 | |
| Download: ML032940037 (5) | |
Text
October 21, 2003 Mr. H. A. Sepp, Manager Regulatory Compliance and Plant Licensing 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. MB7746)
Dear Mr. Sepp:
By letter dated June 5, 2003, the Tennessee Valley Authority (TVA or the licensee) submitted Affidavit CAW-03-1646, dated May 29, 2003. The affidavit is executed by you. The affidavit requested that the appropriately marked material in Responses to the NRC Request for Additional Information on the RFA-2 Licensing Submittal (WBN-TS-02-13) for the Watts Bar Nuclear Plant, dated May 28, 2003, 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 (ADAMS) 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 use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
2.
Use by your competitor would put Westinghouse at a competitive disadvantage by reducing the competitors expenditure of resources at Westinghouses expense.
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.
H. A. Sepp 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 H. 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
ML032940037 OFFICE PDII-2/PM PDII-2/LA OGC PDII/SC NAME MChernoff BClayton MBupp AHowe DATE 9/15/03 9/15/03 9/30/03 10/9/03
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