ML041210028
| ML041210028 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 09/15/2004 |
| From: | Lyon C NRC/NRR/DLPM/LPD3 |
| To: | Sepp H Westinghouse |
| Lamb J, NRR/DLPM, 415-1446 | |
| References | |
| TAC MB9731, TAC MB9732, WCAP-14907, Rev 1 | |
| Download: ML041210028 (4) | |
Text
September 15, 2004 Mr. H.A. Sepp, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC P.O. 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. MB9731 AND MB9732)
Dear Mr. Sepp:
By letter to the U.S. Nuclear Regulatory Commission (NRC) dated November 28, 2001, the Indiana Michigan Power Company (IM, the licensee) submitted an affidavit dated November 26, 2001, executed by J. W. Fasnacht of the 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disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.790 (which has subsequently been replaced by Section 2.390):
WCAP-14907, Revision 1, Probabilistic Evaluation of Reactor Vessel Closure Head Penetration Integrity for the Donald C. Cook Units 1 and 2, dated November 2001.
By letter dated June 20, 2003, IM submitted an updated affidavit, dated June 11, 2003, executed by you, again requesting that the document 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 Donald C. Cook Units 1 and 2.
A nonproprietary copy of this document was provided by letter to the NRC from IM dated August 6, 2004. The nonproprietary version 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.
H. A. Sepp 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.
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 301-415-2296.
Sincerely,
/RA/
Carl F. Lyon, 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
ML041210028 NRR-084 OFFICE PDIII-1/PM PDIII-1/LA PDIII-1/SC NAME FLyon THarris LRaghavan DATE 09/10/04 09/10/04 09/15/04
Donald C. Cook Nuclear Plant, Units 1 and 2 cc:
Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Township Supervisor Lake Township Hall P.O. Box 818 Bridgman, MI 49106 U.S. Nuclear Regulatory Commission Resident Inspectors Office 7700 Red Arrow Highway Stevensville, MI 49127 David W. Jenkins, Esquire Indiana Michigan Power Company One Cook Place Bridgman, MI 49106 Mayor, City of Bridgman P.O. Box 366 Bridgman, MI 49106 Special Assistant to the Governor Room 1 - State Capitol Lansing, MI 48909 Mr. John A. Zwolinski Director, Design Engineering and Regulatory Affairs Indiana Michigan Power Company Nuclear Generation Group 500 Circle Drive Buchanan, MI 49107 Michigan Department of Environmental Quality Waste and Hazardous Materials Div.
Hazardous Waste & Radiological Protection Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street P. O. Box 30241 Lansing, MI 48909-7741 Michael J. Finissi, Plant Manager Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106 Mr. Joseph N. Jensen, Site Vice President Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106 Mr. Mano K. Nazar American Electric Power Senior Vice President and Chief Nuclear Officer Indiana Michigan Power Company Nuclear Generation Group 500 Circle Drive Buchanan, MI 49107