ML040490495

Westinghouse Electric Company, Withholding from Public Disclosure, Wesdyne Reports WDI-TJ-001-02-P, Revision 3, WDI-TJ-012-03-P, Revision 2, WDI-TJ-006-03-P, Revision 3

ML040490495
Person / Time
Site:	Arkansas Nuclear
Issue date:	02/11/2004
From:	Alexion T NRC/NRR/DLPM/LPD4
To:	Galembush J Westinghouse
Alexion T W, NRR/DLPM, 415-1326
References
TAC MB8927, WDI-TJ-001-02-P, Rev 3, WDI-TJ-006-03-P, Rev 3, WDI-TJ-012-03-P, Rev 2
Download: ML040490495 (4)

Text

February 11, 2004 Mr. J. S. Galembush, Acting Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY (WESTINGHOUSE) REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ARKANSAS NUCLEAR ONE, UNIT 2 (TAC MB8927)

Dear Mr. Galembush:

By letter dated January 16, 2004, Entergy Operations, Inc. (Entergy), submitted an affidavit dated October 24, 2003, executed by you, requesting that the following three documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

1. Wesdyne Report WDI-TJ-001-02-P, Revision 3, "Detection of Reactor Head Base Metal Loss from Inside the CRDM [Control Rod Drive Mechanism] Penetration," (Proprietary),

dated September 12, 2003.

2. Wesdyne Report WDI-TJ-012-03-P, Revision 2, "Triple Point Inspection using TOFD

[Time-of-Flight Diffraction] Ultrasonic Methods," (Proprietary), dated September 23, 2003.

3. Wesdyne Report WDI-TJ-006-03-P, Revision 3, "Ultrasonic Testing of Interference Fit Samples for Leak Path Detection," (Proprietary), dated August 14, 2003.

In addition, nonproprietary versions of these documents were submitted by Entergy in the same letter, and these 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.

Previously, by two separate letters dated August 2, 2003, Entergy provided proprietary and non-proprietary versions of these reports; however, Entergy determined that these earlier versions required revision due to inconsistent labeling or to remove the proprietary status of some information that was previously designated as proprietary. Entergy also determined that they have not made any technical changes to the earlier versions of these reports.

The affidavit stated that the submitted information should be considered exempt from mandatory disclosure for the following reasons:

(a) 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.

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

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 versions 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 301-415-1326.

Sincerely,

/RA/

Thomas W. Alexion, Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-368 cc: See next page

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

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 versions 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 301-415-1326.

Sincerely,

/RA/

Docket No. 50-368 Thomas W. Alexion, Project Manager, Section 1 Project Directorate IV cc: See next page Division of Licensing Project Management Office of Nuclear Reactor Regulation DISTRIBUTION: PUBLIC RidsAcrsAcnwMailCenter RidsNrrPMTAlexion PDIV-1 r/f RidsRgn4MailCenter (AHowell)

RidsNrrLADJohnson RidsOgcRp RidsNrrDlpmLpdiv1 (RGramm)

Accession No.:ML040490495 OFFICE PDIV-1/PM PDIV-1/LA EMCB/SC OGC(NLO) PDIV-1/SC NAME TAlexion DJohnson TChan TRothschild RGramm DATE 1/29/04 1/29/04 2/5/04 2/9/04 2/10/04 OFFICIAL RECORD COPY

Arkansas Nuclear One cc:

Executive Vice President Vice President, Operations Support

& Chief Operating Officer Entergy Operations, Inc.

Entergy Operations, Inc. P. O. Box 31995 P. O. Box 31995 Jackson, MS 39286-1995 Jackson, MS 39286-1995 Wise, Carter, Child & Caraway Director, Division of Radiation P. O. Box 651 Control and Emergency Management Jackson, MS 39205 Arkansas Department of Health 4815 West Markham Street, Slot 30 Mr. Jeffrey S. Forbes Little Rock, AR 72205-3867 Site Vice President Arkansas Nuclear One Winston & Strawn Entergy Operations, Inc.

1400 L Street, N.W. 1448 S.R. 333 Washington, DC 20005-3502 Russellville, AR 72801 Mr. Mike Schoppman Framatome ANP, Richland, Inc.

Suite 705 1911 North Fort Myer Drive Rosslyn, VA 22209 Senior Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 310 London, AR 72847 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 County Judge of Pope County Pope County Courthouse Russellville, AR 72801 November 2003