ML040970594

Withholding Information from Public Disclosure by Westinghouse Electric Company, WCAP-14439-P, Revision 2

ML040970594
Person / Time
Site:	Point Beach
Issue date:	04/21/2004
From:	David Beaulieu NRC/NRR/DLPM/LPD3
To:	Sepp H Westinghouse
Beaulieu, David, NRR/DLPM, 415-3243
References
TAC MC1279, TAC MC1280
Download: ML040970594 (4)

Text

April 21, 2004 Mr. H. A. Sepp, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

POINT BEACH NUCLEAR PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE BY WESTINGHOUSE ELECTRIC COMPANY LLC, (TAC NOS. MC1279 AND MC1280)

Dear Mr. H. A. Sepp:

By letter dated November 5, 2003, Nuclear Management Company, LLC submitted an affidavit dated September 30, 2003, executed by Mr. J. S. Galembush, requesting that the information contained in the following document (Reference No. CAW-03-1713) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

WCAP-14439-P, Revision 2, "Technical Justification for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Basis for the Point Beach Nuclear Plant Units 1 and 2 for the Power Uprate and License Renewal Program" (Proprietary)

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:

(4)(ii)(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.

(4)(ii)(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.

(4)(ii)(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 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.

H. Sepp Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(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 301-415-3243.

Sincerely,

/RA/

David P. Beaulieu, Project Manager,Section I Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-266 and 50-301 cc: See next page

ML040970594 OFFICE PD3-1/PM PD3-1/LA EMCB/SC OGC PD3-1/SC NAME DBeaulieu THarris PPatnaik N/A LRaghavan TChan DATE 4/8/04 4/9/04 4/19/04 4/21/04 Point Beach Nuclear Plant, Units 1 and 2 cc:

Jonathan Rogoff, Esquire Mr. Jeffery Kitsembel Vice President, Counsel & Secretary Electric Division Nuclear Management Company, LLC Public Service Commission of Wisconsin 700 First Street P.O. Box 7854 Hudson, WI 54016 Madison, WI 53707-7854 Mr. Richard R. Grigg Nuclear Asset Manager President and Chief Operating Officer Wisconsin Electric Power Company Wisconsin Electric Power Company 231 West Michigan Street 231 West Michigan Street Milwaukee, WI 53201 Milwaukee, WI 53201 John Paul Cowan Regulatory Affairs Manager Executive Vice President & Chief Nuclear Point Beach Nuclear Plant Officer Nuclear Management Company, LLC Nuclear Management Company, LLC 6610 Nuclear Road 700 First Street Two Rivers, WI 54241 Hudson, WI 54016 Mr. Ken Duveneck Douglas E. Cooper Town Chairman Senior Vice President - Group Operations Town of Two Creeks Palisades Nuclear Plant 13017 State Highway 42 Nuclear Management Company, LLC Mishicot, WI 54228 27780 Blue Star Memorial Highway Covert, MI 49043 Chairman Public Service Commission Site Director of Operations of Wisconsin Nuclear Management Company, LLC P.O. Box 7854 6610 Nuclear Road Madison, WI 53707-7854 Two Rivers, WI 54241 Regional Administrator, Region III Gary D. Van Middlesworth U.S. Nuclear Regulatory Commission Site Vice-President 801 Warrenville Road Point Beach Nuclear Plant Lisle, IL 60532-4351 Nuclear Management Company, LLC 6610 Nuclear Road Resident Inspectors Office Two Rivers, WI 54241 U.S. Nuclear Regulatory Commission 6612 Nuclear Road Two Rivers, WI 54241