ML041490009
| ML041490009 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 07/14/2004 |
| From: | Dan Collins NRC/NRR/DLPM/LPD1 |
| To: | Bakken A Public Service Enterprise Group |
| Collins D S, NRR/DLPM, 415-1427 | |
| References | |
| EA-03-009, TAC MC0967 WCAP-16214-P, Rev 0 | |
| Download: ML041490009 (5) | |
Text
July 14, 2004 Mr. A. Christopher Bakken, III President & Chief Nuclear Officer PSEG Nuclear, LLC - X04 Post Office Box 236 Hancocks Bridge, NJ 08038
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, SALEM NUCLEAR GENERATING STATION, UNIT NO. 1 (TAC NO. MC0967)
Dear Mr. Bakken:
By letter dated September 24, 2003, as supplemented by letters dated March 2, March 31, April 16, and April 29, 2004, PSEG Nuclear LLC (PSEG) submitted Relaxation Request S1-RR-I3-B21 to the Nuclear Regulatory Commission (NRC or the Commission) requesting relaxation from the nondestructive examination requirements specified in Sections IV.C.(5)(b)(i) and IV.C.(5)(b)(ii) of the First Revised Order Modifying Licenses (EA-03-009) for Salem Nuclear Generating Station, Unit No. 1. The March 31, 2004, letter included a proprietary version of a Westinghouse Electric Company, LLC (Westinghouse) report titled, Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation:
Salem Units 1 and 2, WCAP-16214-P, Revision 0, dated February 2004. Enclosed with the March 31, 2004, letter was a Westinghouse affidavit dated March 29, 2004, requesting that the Westinghouse report be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390(b)(4). A nonproprietary version of WCAP-16214-P, Revision 0, was not included with the March 31, 2004, letter.
The March 29, 2004, affidavit stated that the submitted information should be considered exempt from mandatory public disclosure. Among the reasons provided were:
(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
(2) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.
(3) The information was transmitted to the Commission in confidence and, under the provisions of 10 CFR 2.390, it is to be received in confidence by the Commission.
(4) The information sought to be protected is not available in public sources or available information has not been previously employed in the same manner or method to the best of Westinghouses knowledge and belief.
C. Bakken The introductory section of the WCAP further specified that the information sought to be withheld is considered by Westinghouse to be proprietary because:
(a) The information reveals the distinguishing aspects of a process or component, structure, tool, method, etc., and the prevention of its use by Westinghouses competitors, without license from Westinghouse, gives Westinghouse a competitive advantage.
(c) The information, if used by a competitor, would reduce the competitors expenditure of resources or improve the competitors advantage in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
(e) The information reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
The NRC staffs review of WCAP-16214-P, Revision 0, identified portions of the report where information was incorrectly designated as proprietary. For example, general information that is already publicly available regarding results of vessel head inspections at plants such as Oconee, Arkansas Nuclear One, Davis-Besse, and foreign plants was designated as being proprietary. Additionally, statements in the report that provided general descriptions of some figures in the report were designated as proprietary while the figures themselves, which provided detailed information, were not designated as being proprietary. The NRC staff communicated to PSEG that the general information regarding results of vessel head inspections within the nuclear industry cannot be withheld from public disclosure since that information is already in the public domain and the information contained within the report merely provided that information as background material rather than use the information in any unique manner. The NRC staff also expressed doubt that information regarding inspection results at several NRC licensee facilities is owned by Westinghouse, as the affidavit claimed, rather than by the licensees themselves. Furthermore, the NRC staff noted that general descriptions of figures in the report cannot be withheld if the figures themselves are releasable, as indicated by the lack of a claim to those figures being proprietary. Finally, the NRC staff noted that, notwithstanding these issues, the NRC must make a redacted (i.e., non-proprietary) version of the WCAP publicly available given that the report contains some nonproprietary information. The NRC staff, therefore, requested that PSEG submit a version of the WCAP that appropriately designates proprietary information, and that a redacted version be docketed as well.
By letter dated April 29, 2004, PSEG submitted proprietary and non-proprietary versions of WCAP-16214-P, Revision 1, dated April 2004. That letter included Westinghouses affidavit dated April 20, 2004, requesting that the proprietary Westinghouse report be withheld from public disclosure pursuant to 10 CFR 2.390(b)(4). The reasons cited in the April 20, 2004, affidavit for withholding information from public disclosure are the same reasons listed above from the March 29, 2004, affidavit This revision updated the designations of proprietary information within the WCAP but did not alter any of the technical content. The nonproprietary version, WCAP-16214-NP, has been placed in the NRCs Public Document Room and added to the Agencywide Documents Access and Management Systems Public Electronic Reading Room.
C. Bakken We have reviewed WCAP-16214-P, Revision 1, dated April 2004, and the associated affidavit 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 WCAP-16214-P, Revision 1, 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. The copies of WCAP-16214-P, Revision 0, dated February 2004, are being returned to you and are enclosed with this letter.
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 301-415-1427.
Sincerely, Daniel S. Collins, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-272
Enclosure:
As stated cc w/out encl: See next page
C. Bakken We have reviewed WCAP-16214-P, Revision 1, dated April 2004, and the associated affidavit 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 WCAP-16214-P, Revision 1, 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. The copies of WCAP-16214-P, Revision 0, dated February 2004, are being returned to you and are enclosed with this letter.
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 301-415-1427.
Sincerely,
/RA/
Daniel S. Collins, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-272
Enclosure:
As stated cc w/out encl: See next page DISTRIBUTION:
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PD1-2 R/F RidsNrrDlpmLpdi2 RidsNrrDlpmLpdi1 RidsNrrPMDCollins RidsNrrLACRaynor ADAMS Accession Number: ML041490009 OFFICE PDI-2/PM PDI-2/LA PDI-2/SC NAME DCollins CRaynor JClifford DATE 7/12/04 7/12/04 7/14/04 OFFICIAL RECORD COPY
Salem Nuclear Generating Station, Unit Nos. 1 and 2 cc:
Mr. Michael H. Brothers Dr. Jill Lipoti, Asst. Director Vice President - Site Operations Radiation Protection Programs PSEG Nuclear - X15 NJ Department of Environmental P.O. Box 236 Protection and Energy Hancocks Bridge, NJ 08038 CN 415 Trenton, NJ 08625-0415 Mr. John T. Carlin Vice President - Nuclear Assessments Brian Beam PSEG Nuclear - N10 Board of Public Utilities P.O. Box 236 2 Gateway Center, Tenth Floor Hancocks Bridge, NJ 08038 Newark, NJ 07102 Mr. David F. Garchow Regional Administrator, Region I Vice President - Eng/Tech Support U.S. Nuclear Regulatory Commission PSEG Nuclear - N28 475 Allendale Road P.O. Box 236 King of Prussia, PA 19406 Hancocks Bridge, NJ 08038 Senior Resident Inspector Mr. Steven Mannon Salem Nuclear Generating Station Acting Manager - Licensing U.S. Nuclear Regulatory Commission PSEG Nuclear - N21 Drawer 0509 P.O. Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Mr. Carl J. Fricker Jeffrie J. Keenan, Esquire Plant Manager PSEG Nuclear - N21 PSEG Nuclear - N21 P.O. Box 236 P.O. Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Ms. R. A. Kankus Joint Owner Affairs PECO Energy Company Nuclear Group Headquarters KSA1-E 200 Exelon Way Kennett Square, PA 19348 Lower Alloways Creek Township c/o Mary O. Henderson, Clerk Municipal Building, P.O. Box 157 Hancocks Bridge, NJ 08038