ML033110093

Westinghouse Electric Company, LLC, Request for Withholding Information from Public Disclosure

ML033110093
Person / Time
Site:	Saint Lucie
Issue date:	11/06/2003
From:	Moroney B NRC/NRR/DLPM/LPD2
To:	Shapiro N Westinghouse
Moroney B, NRR/DLPM, 415-3974
References
TAC MC1711
Download: ML033110093 (6)

Text

November 6, 2003 Mr. Norton L. Shapiro, Advisory Engineer CE Engineering Technology Westinghouse Electric Company, LLC P.O. Box 500 2000 Day Hill Road Windsor, CT 06095-0500

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SAINT LUCIE UNIT 1 (TAC NO. MC1711)

Dear Mr. Shapiro:

By letter dated October 15, 2003, Florida Power and Light Company submitted an affidavit dated December 4, 2002, executed by you, in which you requested that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

CN-CI-02-51 Rev. 00: RCS Hot Leg RTD Nozzle and Flow Measurement Nozzle Repair - Design Verification for St. Lucie Units 1 and 2, September 2002 CN-CI-02-56 Rev. 00: Section XI Flaw Evaluation of Florida Power and Light Units 1 and 2 Hot Leg Instrumentation Nozzles J-Weld, September 2002 Nonproprietary copies of these documents have been placed in the Nuclear Regulatory Commissions (NRCs) 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]. It consists of analyses of flaws left in place following repairs to certain small nozzles in the reactor coolant pressure boundary and analyses of weld repairs to such nozzles.

2. The information consists of analyses or other similar data concerning a process, method or component, the application of which results in substantial competitive advantage to WEC.

Mr. Norton L. Shapiro 3. The information is of a type customarily held in confidence by WEC and not customarily disclosed to the public.

4. The information is being transmitted to the Commission in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence by the Commission.

5. The information, to the best of my knowledge and belief, is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements that provide for maintenance of the information in confidence

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

a. A similar product or service is provided by major competitors of WEC.

b. WEC has invested substantial funds and engineering resources in the development of this information. A competitor would have to undergo similar expense in generating equivalent information.

c. The information consists of analyses of flaws left in place following repairs to certain small nozzles in the reactor coolant pressure boundary and analyses of weld repairs to such nozzles, the application of which provides 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 WEC's product, and avoid developing similar technical analysis in support of their processes, methods or apparatus.

d. 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 WEC's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

a. Use of the information by competitors in the international marketplace would increase their ability to market comparable products or services by reducing the costs associated with their technology development. In addition, disclosure would have an adverse economic impact on WECs potential for obtaining or maintaining foreign licenses.

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.

Mr. Norton L. Shapiro 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 301-415-3974.

Sincerely,

/RA/

Brendan T. Moroney, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-335 cc: See next page

ML033110093 OFFICE PDII-2/PM PDII-2/NSIP PDII-2/LA OGC PDII-2/SC NAME BMoroney LMiller BClayton STurk AHowe DATE 11/5/2003 11/05/2003 11/5/2003 11/6/2003 11/7/2003 Florida Power and Light Company ST. LUCIE PLANT cc:

Mr. J. A. Stall Mr. G. L. Johnston Senior Vice President, Nuclear and Plant General Manager Chief Nuclear Officer St. Lucie Nuclear Plant Florida Power and Light Company 6351 South Ocean Drive P.O. Box 14000 Jensen Beach, Florida 34957 Juno Beach, Florida 33408-0420 Mr. Terry L. Patterson Senior Resident Inspector Licensing Manager St. Lucie Plant St. Lucie Nuclear Plant U.S. Nuclear Regulatory Commission 6351 South Ocean Drive P.O. Box 6090 Jensen Beach, Florida 34957 Jensen Beach, Florida 34957 Vice President, Nuclear Operations Support Craig Fugate, Director Division of P.O. Box 14000 Emergency Preparedness Juno Beach, FL 33408-0420 Department of Community Affairs 2740 Centerview Drive Mr. Rajiv S. Kundalkar Tallahassee, Florida 32399-2100 Vice President - Nuclear Engineering Florida Power & Light Company M. S. Ross, Attorney P.O. Box 14000 Florida Power & Light Company Juno Beach, FL 33408-0420 P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. J. Kammel Radiological Emergency Mr. Douglas Anderson Planning Administrator County Administrator Department of Public Safety St. Lucie County 6000 SE. Tower Drive 2300 Virginia Avenue Stuart, Florida 34997 Fort Pierce, Florida 34982 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Mr. William Jefferson, Jr.

Site Vice President St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957