ML032940471
| ML032940471 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 10/20/2003 |
| From: | Thadani M NRC/NRR/DLPM/LPD4 |
| To: | Sepp H Westinghouse |
| Thadani M, NRR/DLPM, 415-1476 | |
| References | |
| TAC MB7684 | |
| Download: ML032940471 (4) | |
Text
October 20, 2003 Mr. H. A. Sepp Manager of Regulatory and Licensing Engineering Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355
SUBJECT:
COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE CONCERNING WESTINGHOUSE PROPRIETARY LETTER WPT-16357 AND PROPRIETARY DRAWING 1061E26, SHEET 1, REVISION B AND SHEET 2, REVISION - (TAC NO. MB7684)
Dear Mr. Sepp:
By letter dated March 6, 2003, TXU Generation Company, LP, submitted your affidavit CAW-03-1598 dated February 10, 2003, to the U. S. Nuclear Regulatory Commission (NRC),
which addressed the proprietary information related to the Westinghouse Electric Company LLC (Westinghouse) Proprietary Letter WPT-16357, Evaluation of 11 NLP and 6 NSA 7300 Cards, and Westinghouse Proprietary Drawing 1061E26, Sheet 1, Revision B, and Sheet 2, Revision -, Printed Wiring Assembly Power Range Amplifier 414 NI Subassembly, and requested that the information be withheld from public disclosure.
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of Title 10 of the Code of Federal Regulations (10 CFR), the affidavit included the following reasons for the submitted information to be considered exempt from mandatory public disclosure:
(a)
Westinghouse plans to sell the use of similar information to its customers for purposes of the elimination of response time testing requirements.
(b)
Westinghouse can sell support and defense of the methodology in the licensing process.
(c)
The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.
The NRC staff has reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the submitted information 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, the NRC staff may send copies of this information to consultants working in this area. In this event, the NRC staff will 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, Westinghouse should promptly notify the NRC. Westinghouse should also 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, please contact me at 301-415-1476.
Sincerely,
/RA/
Mohan C. Thadani. Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: See next page
ML032940471*See previous concurrence NRR-084 OFFICE PDIV-1/PM PDIV-1/LA DE/EEIB/SC OGC PDIV-1/SC NAME MThadani DJohnson EMarino*
MBupp*
RGramm DATE 10/20/03 10/20/03 10/14/03 10/16/03 10/20/03
March 2003 Comanche Peak Steam Electric Station cc:
Senior Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 2159 Glen Rose, TX 76403-2159 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Mr. Roger D. Walker Regulatory Affairs Manager TXU Generation Company LP P. O. Box 1002 Glen Rose, TX 76043 George L. Edgar, Esq.
Morgan Lewis 1111 Pennsylvania Avenue, NW Washington, DC 20004 County Judge P. O. Box 851 Glen Rose, TX 76043 Environmental and Natural Resources Policy Director Office of the Governor P. O. Box 12428 Austin, TX 78711-3189 Mr. Richard A. Ratliff, Chief Bureau of Radiation Control Texas Department of Health 1100 West 49th Street Austin, TX 78756-3189 Mr. Brian Almon Public Utility Commission William B. Travis Building P. O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326 Ms. Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P. O. Box 13087 Austin, TX 78711-3087 Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Program P. O. Box 12157 Austin, TX 78711 Mr. M. R. Blevins Senior Vice President
& Principal Nuclear Officer TXU Energy ATTN: Regulatory Affairs P. O. Box 1002 Glen Rose, TX 76043