ML032940471

Request for Withholding Information from Public Disclosure Concerning Westinghouse Proprietary Letter WPT-16357 and Drawing 1061E26, Sheet 1, Rev. B and Sheet 2, Rev -, MB7684

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 Comanche Peak Steam Electric Station cc:

Mr. Brian Almon Senior Resident Inspector Public Utility Commission U.S. Nuclear Regulatory Commission William B. Travis Building P. O. Box 2159 P. O. Box 13326 Glen Rose, TX 76403-2159 1701 North Congress Avenue Austin, TX 78701-3326 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Ms. Susan M. Jablonski 611 Ryan Plaza Drive, Suite 400 Office of Permitting, Remediation Arlington, TX 76011 and Registration Texas Commission on Environmental Mr. Roger D. Walker Quality Regulatory Affairs Manager MC-122 TXU Generation Company LP P. O. Box 13087 P. O. Box 1002 Austin, TX 78711-3087 Glen Rose, TX 76043 Terry Parks, Chief Inspector George L. Edgar, Esq. Texas Department of Licensing Morgan Lewis and Regulation 1111 Pennsylvania Avenue, NW Boiler Program Washington, DC 20004 P. O. Box 12157 Austin, TX 78711 County Judge P. O. Box 851 Mr. M. R. Blevins Glen Rose, TX 76043 Senior Vice President

& Principal Nuclear Officer Environmental and Natural TXU Energy Resources Policy Director ATTN: Regulatory Affairs Office of the Governor P. O. Box 1002 P. O. Box 12428 Glen Rose, TX 76043 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 March 2003