ML041170258

Withholding from Public Disclosure, Rev. 5 to WCAP-14118

ML041170258
Person / Time
Site:	Cook
Issue date:	04/30/2004
From:	John Lamb NRC/NRR/DLPM/LPD3
To:	Sepp H Westinghouse
Lamb J, NRR/DLPM, 415-1446
References
TAC MB9733, TAC MB9734
Download: ML041170258 (4)

Text

April 30, 2004 Mr. H. A. Sepp, Manager Regulatory and Licensing Engineering Westinghouse Electric Company, LLC Post Office Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

DONALD C. COOK NUCLEAR PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MB9733 AND MB9734)

Dear Mr. Sepp:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated April 25, 2002, the Indiana Michigan Power Company (I&M) submitted an affidavit dated April 12, 2002, executed by H. A. Sepp of Westinghouse Electric Company, LLC (Westinghouse), requesting that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390: Revision 5 to WCAP 14118, Structural Integrity Evaluation of Reactor Vessel Upper Head Penetration to Support Continued Operation:

D. C. Cook Units 1 and 2, January 2002. At the request of the NRC staff, I&M, by letter dated June 20, 2003, submitted an affidavit dated June 11, 2003, executed by H. A. Sepp, which again requested that Revision 5 to WCAP 14118, Structural Integrity Evaluation of Reactor Vessel Upper Head Penetration to Support Continued Operation: D. C. Cook Units 1 and 2, January 2002, be withheld from public disclosure. The information to be considered exempt from mandatory public disclosure consists of information involved in the structural integrity evaluation of reactor vessel upper head penetrations for D. C. Cook Units 1 and 2.

By letter from I&M dated May 10, 2002, a nonproprietary copy of this document has been placed in the 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:

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.

The use of the information 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.

The information reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

H. A. Sepp 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.

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 301-415-1446.

Sincerely,

/RA/

John G. Lamb, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-315 and 50-316 cc: See next page

ML041170258 NRR-084 OFFICE PDIII-1/PM PDIII-1/LA PDIII-1/SC NAME JLamb THarris LRaghavan DATE 04/ 29 /04 04/ 29 /04 04/ 30 /04 Donald C. Cook Nuclear Plant, Units 1 and 2 cc:

Regional Administrator, Region III Michigan Dept. of Environmental Quality U.S. Nuclear Regulatory Commission Waste and Hazardous Materials Div.

801 Warrenville Road Hazardous Waste & Radiological Lisle, IL 60532-4351 Protection Section Nuclear Facilities Unit Attorney General Constitution Hall, Lower-Level North Department of Attorney General 525 West Allegan Street 525 West Ottawa Street P. O. Box 30241 Lansing, MI 48913 Lansing, MI 48909-7741 Township Supervisor David A. Lochbaum Lake Township Hall Nuclear Safety Engineer P.O. Box 818 Union of Concerned Scientists Bridgman, MI 49106 1707 H Street NW, Suite 600 Washington, DC 20036 U.S. Nuclear Regulatory Commission Resident Inspectors Office Michael J. Finissi, Plant Manager 7700 Red Arrow Highway Indiana Michigan Power Company Stevensville, MI 49127 Nuclear Generation Group One Cook Place David W. Jenkins, Esquire Bridgman, MI 49106 Indiana Michigan Power Company One Cook Place Mr. Joseph N. Jensen, Site Vice President Bridgman, MI 49106 Indiana Michigan Power Company Nuclear Generation Group Mayor, City of Bridgman One Cook Place P.O. Box 366 Bridgman, MI 49106 Bridgman, MI 49106 Mr. Mano K. Nazar Special Assistant to the Governor American Electric Power Room 1 - State Capitol Senior VP and Chief Nuclear Officer Lansing, MI 48909 Indiana Michigan Power Company Nuclear Generation Group Mr. John A. Zwolinski 500 Circle Drive Director, Design Engineering and Buchanan, MI 49107 Regulatory Affairs Indiana Michigan Power Company Nuclear Generation Group 500 Circle Drive Buchanan, MI 49107