ML041550782
| ML041550782 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 06/03/2004 |
| From: | Michael Webb NRC/NRR/DLPM/LPD4 |
| To: | Sheppard J South Texas |
| Webb M, NRR/DLPM, 415-1347 | |
| References | |
| TAC MC2467, TAC MC2468 | |
| Download: ML041550782 (6) | |
Text
June 3, 2004 Mr. James J. Sheppard President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P. O. Box 289 Wadsworth, TX 77483
SUBJECT:
STP NUCLEAR OPERATING COMPANY - APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR SOUTH TEXAS PROJECT, UNITS 1 AND 2 (TAC NOS. MC2467 AND MC2468)
Dear Mr. Sheppard:
By letter dated May 12, 2004, STP Nuclear Operating Company (STPNOC) submitted an affidavit dated May 11, 2004, executed by you, in which you requested that the information contained in the following documents, included as Attachments 2 and 3 to your letter, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:
Design Change Package (DCP) #01-19793-10, Supplement 0, ASCO Solenoid Valve 212-633-1RVF and Document Change Notice (DCN) #JD-885.
A copy of the nonproprietary cover letter, which forwarded the two proprietary documents, has been placed in the Nuclear Regulatory Commission's (NRC's) 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:
These documents are a first-of-a-kind activity, which would have commercial benefit for other contractors/vendors if it were disclosed to the public. The documents also contain information that is proprietary to ASCO that is not contained in publicly available ASCO literature. Finally, the documents draw application conclusions that are unique to the South Texas Project, which could be potentially misused by others if the document were disclosed to the public.
(i)
The information has been held in confidence by STPNOC.
(ii)
This information is of a type customarily held in confidence by STPNOC and there is a rational basis for doing so.
(iii)
The information has been transmitted to the NRC in confidence.
(iv)
The information is not available in public sources.
(v)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of STPNOC, taking into account:
the value of the information to STPNOC; the amount of money and effort expended by STPNOC in developing the information; and the ease or difficulty with which the information could be properly acquired or duplicated by others.
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, Attachments 2 and 3, 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 301-415-1347.
Sincerely,
/RA/
Michael Webb, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499 cc: See next page (v)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of STPNOC, taking into account:
the value of the information to STPNOC; the amount of money and effort expended by STPNOC in developing the information; and the ease or difficulty with which the information could be properly acquired or duplicated by others.
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, Attachments 2 and 3, 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 301-415-1347.
Sincerely,
/RA/
Michael Webb, Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-498 and 50-499 cc: See next page DISTRIBUTION:
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Accession Number: ML041550782 OFFICE PM:PDIV-1 LA:PDIV-1 SC:DE:EMEB SC:PDIV-1 NAME MWebb DBaxley DTerao RGramm DATE 6/1/2004 5/27/2004 6/1/2004 6/2/2004 OFFICIAL RECORD COPY
May 2003 South Texas Project cc:
Senior Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 910 Bay City, TX 77414 A. Ramirez/C. M. Canady City of Austin Electric Utility Department 721 Barton Springs Road Austin, TX 78704 Mr. L. K. Blaylock Mr. W. C. Gunst City Public Service Board P. O. Box 1771 San Antonio, TX 78296 Mr. C. A. Johnson/A. C. Bakken AEP Texas Central Company P. O. Box 289 Mail Code: N5022 Wadsworth, TX 77483 INPO Records Center 700 Galleria Parkway Atlanta, GA 30339-3064 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 D. G. Tees/R. L. Balcom Texas Genco, LP P. O. Box 1700 Houston, TX 77251 Judge, Matagorda County Matagorda County Courthouse 1700 Seventh Street Bay City, TX 77414 A. H. Gutterman, Esq.
Morgan, Lewis & Bockius 1111 Pennsylvania Avenue, NW Washington, DC 20004 Mr. T. J. Jordan, Vice President Engineering & Technical Services STP Nuclear Operating Company P. O. Box 289 Wadsworth, TX 77483 S. M. Head, Manager, Licensing Nuclear Quality & Licensing Department STP Nuclear Operating Company P. O. Box 289, Mail Code: N5014 Wadsworth, TX 77483 Environmental and Natural Resources Policy Director P. O. Box 12428 Austin, TX 78711-3189 Jon C. Wood Matthews & Branscomb 112 East Pecan, Suite 1100 San Antonio, TX 78205 Arthur C. Tate, Director Division of Compliance & Inspection Bureau of Radiation Control Texas Department of Health 1100 West 49th Street Austin, TX 78756 Brian Almon Public Utility Commission William B. Travis Building P. O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326
South Texas Project, Units 1 & 2 Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087 Mr. Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Division P. O. Box 12157 Austin, TX 78711 Mr. Ted Enos 4200 South Hulen Suite 630 Ft. Worth, Texas 76109