ML041170264
| ML041170264 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 04/26/2004 |
| From: | Donohew J NRC/NRR/DLPM/LPD4 |
| To: | Gresham J Westinghouse |
| Donohew J N, NRR/DLPM,415-1307 | |
| References | |
| CAW-03-1746, TAC MC1656 | |
| Download: ML041170264 (4) | |
Text
April 26, 2004 Mr. James A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAW-03-1746) (TAC NO. MC1656)
Dear Mr. Gresham:
By letter dated December 15, 2003, Wolf Creek Nuclear Operating Corporation, the licensee for the Wolf Creek Generating Station, submitted an affidavit dated December 4, 2003, executed by J. S. Galembush, Acting Manager, Regulatory Compliance and Plant Licensing, requesting that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:
Topical Report Applicability Determination This document is part of Wolf Creek Nuclear Operating Corporations application for amendment for the Wolf Creek Generating Station to revise their technical specifications to adopt completion time, test bypass time, and surveillance frequency changes that have approved by the Nuclear Regulatory Commission (NRC) in WCAP-14333-P-A, Revision 1, "Probabilistic Risk Analysis of the RPS and ESFAS Test Times and Completion Times,"
October 1998 and WCAP-15376-P-A, Revision 1, "Risk-Informed Assessment of the RTS and ESFAS Surveillance Test Intervals and Reactor Trip Breaker Test and Completion Times,"
March 2003.
A nonproprietary copy of the 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:
(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.
(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.
J. Gresham (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.
On February 13, 2004, certain revisions of the NRCs regulations went into effect that renumbered 10 CFR 2.790 as 10 CFR 2.390. 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 information in the document entitled "Topical Report Applicability Determination,"
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) 415-1307.
Sincerely,
/RA/
Jack Donohew, Senior Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-482 cc: See next page
J. Gresham April 26, 2004 (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.
On February 13, 2004, certain revisions of the NRCs regulations went into effect that renumbered 10 CFR 2.790 as 10 CFR 2.390. 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 information in the document entitled "Topical Report Applicability Determination,"
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) 415-1307.
Sincerely,
/RA/
Jack Donohew, Senior Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-482 DISTRIBUTION:
PUBLIC cc: See next page PDIV-2 Reading SDembek RidsNrrDlpmLpdiv (HBerkow)
RidsNrrPMJDonohew RidsNrrLAEPeyton RidsOgcRp EMarinos DGraves, Region IV ADAMS ACCESSION NO.: ML041170264 NRR-084 OFFICE PDIV-2/PM PDIV-2/LA EEIB PDIV-2/SC NAME JDonohew EPeyton:esp EMarinos SDembek DATE 4/23/04 4/22/04 4/26/04 4/26/04 DOCUMENT NAME: C:\ORPCheckout\FileNET\ML041170264.wpd OFFICIAL RECORD COPY
Wolf Creek Generating Station cc:
Jay Silberg, Esq. Site Vice President Shaw, Pittman, Potts & Trowbridge Wolf Creek Nuclear Operating Corporation 2300 N Street, NW P.O. Box 411 Washington, D.C. 20037 Burlington, KS 66839 Regional Administrator, Region IV Superintendent Licensing U.S. Nuclear Regulatory Commission Wolf Creek Nuclear Operating Corporation 611 Ryan Plaza Drive, Suite 400 P.O. Box 411 Arlington, TX 76011-7005 Burlington, KS 66839 Senior Resident Inspector U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Resident Inspectors Office P.O. Box 311 8201 NRC Road Burlington, KS 66839 Steedman, MO 65077-1032 Chief Engineer, Utilities Division Mr. Rick A. Muench Kansas Corporation Commission President and Chief Executive Officer 1500 SW Arrowhead Road Wolf Creek Nuclear Operating Corporation Topeka, KS 66604-4027 Post Office Box 411 Burlington, KS 66839 Office of the Governor State of Kansas Topeka, KS 66612 Attorney General 120 S.W. 10th Avenue, 2nd Floor Topeka, KS 66612-1597 County Clerk Coffey County Courthouse 110 South 6th Street Burlington, KS 66839 Vick L. Cooper, Chief Air Operating Permit and Compliance Section Kansas Department of Health and Environment Bureau of Air and Radiation 1000 SW Jackson, Suite 310 Topeka, KS 66612-1366