ML040550605

Westinghouse Request Withholding from Public Disclosure, Waterford 3, Extended Power Uprate, Appendix 1 - Safety Evaluation Report Compliance, MC1355

ML040550605
Person / Time
Site:	Waterford
Issue date:	02/20/2004
From:	Kalyanam N NRC/NRR/DLPM/LPD4
To:	Rickard I Westinghouse
Kalyanam N,NRR/DLPM,415-1480
References
TAC MC1355
Download: ML040550605 (5)

Text

February 20, 2004 Mr. I. C. Rickard, Licensing Project Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY (WESTINGHOUSE), REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR WATERFORD STEAM ELECTRIC STATION, UNIT 3 (WATERFORD 3)

(TAC NO. MC1355)

Dear Mr. Rickard:

By letter dated November 13, 2003, Entergy Operations Inc. (Entergy), submitted your letter dated November 10, 2003, with an affidavit dated November 10, 2003, executed by Norton L. Shapiro, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

Waterford 3, Extended Power Uprate, Appendix 1 - Safety Evaluation Report Compliance A nonproprietary copy of this document has 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:

(a)

The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouses competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(b)

It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

(c)

Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

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. We wish to note that your 2.790 withholding request includes explicit extracts from publicly available NRC safety evaluations (SEs). We will continue to make the cited NRC SEs available in their entirety in the public domain. Our withholding acknowledgment extends only to Westinghouse generated Safety Evaluation Report Compliance document submitted by letter dated November 13, 2003.

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 301-415-1480.

Sincerely,

/RA/

N. Kalyanam, Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-382 cc:

See next page 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. We wish to note that your 2.790 withholding request includes explicit extracts from publicly available NRC safety evaluations (SEs). We will continue to make the cited NRC SEs available in their entirety in the public domain. Our withholding acknowledgment extends only to Westinghouse generated Safety Evaluation Report Compliance document submitted by letter dated November 13, 2003.

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 301-415-1480.

Sincerely,

/RA/

N. Kalyanam, Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-382 cc:

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• See prior concurrence OFFICE PDIV-1/PM PDIV-1/LA DSSA/SRXB OGC PDIV-1/SC NAME NKalyanam DJohnson*

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DATE 2/19/04 01/29/04 01/29/04 2/19/04 02/10/04 OFFICIAL RECORD COPY

Waterford Steam Electric Station, Unit 3 cc:

Mr. Michael E. Henry, State Liaison Officer Department of Environmental Quality Permits Division P.O. Box 4313 Baton Rouge, Louisiana 70821-4313 Vice President, Operations Support Entergy Operations, Inc.

P. O. Box 31995 Jackson, MS 39286-1995 Director Nuclear Safety Assurance Entergy Operations, Inc.

17265 River Road Killona, LA 70066-0751 Wise, Carter, Child & Caraway P. O. Box 651 Jackson, MS 39205 General Manager Plant Operations Waterford 3 SES Entergy Operations, Inc.

17265 River Road Killona, LA 70066-0751 Licensing Manager Entergy Operations, Inc.

17265 River Road Killona, LA 70066-0751 Winston & Strawn 1400 L Street, N.W.

Washington, DC 20005-3502 Resident Inspector/Waterford NPS P. O. Box 822 Killona, LA 70066-0751 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlington, TX 76011 Parish President Council St. Charles Parish P. O. Box 302 Hahnville, LA 70057 Executive Vice President

& Chief Operating Officer Entergy Operations, Inc.

P. O. Box 31995 Jackson, MS 39286-1995 Chairman Louisiana Public Services Commission P. O. Box 91154 Baton Rouge, LA 70825-1697 Mr. Joseph E. Venable Vice President Operations Entergy Operations, Inc.

17265 River Road Killona, LA 70066-0751