ML041670112

Westinghouse Electric Company, Request for Withholding Information from Public Disclosure for Vogtle, Units 1 & 2

ML041670112
Person / Time
Site:	Vogtle
Issue date:	06/14/2004
From:	Gratton C NRC/NRR/DLPM/LPD2
To:	Galembush J Westinghouse
Gratton C, NRR/DLPM 415-1055
References
TAC MC2227, TAC MC2228
Download: ML041670112 (5)

Text

June 14, 2004 J. S. Galembush, Acting Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR VOGTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2 (TAC NOS. MC2227 AND MC2228)

Dear Mr. Galembush:

By letter dated November 13, 2003, Westinghouse Electric Company LLC submitted an affidavit dated November 13, 2003, executed by you, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

WCAP-16142-P, Revision 1, "Reactor Vessel Closure Head/Vessel Flange Requirements Evaluation for Vogtle Units 1 and 2" A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commissions (NRC) 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.

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. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of

J. S. Galembush its use by any of Westinghouses competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(b) 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.

(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.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

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 versions 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.

J. S. Galembush If you have any questions regarding this matter, I may be reached at 301-415-1313.

Sincerely,

/RA/

Christopher Gratton, Senior Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-424 and 50-425 cc: See next page

J. S. Galembush If you have any questions regarding this matter, I may be reached at 301-415-1313.

Sincerely,

/RA/

Christopher Gratton, Senior Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-424 and 50-425 cc: See next page DISTRIBUTION:

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NAME CGratton DClarke CGratton for OGC SCoffin DATE 5/20/04 5/20/04 6/14/04 6/14/04 OFFICIAL RECORD COPY

Vogtle Electric Generating Plant cc: Harold Reheis, Director Mr. N.J. Stringfellow Department of Natural Resources Manager, Licensing 205 Butler Street, SE. Suite 1252 Southern Nuclear Operating Atlanta, Georgia 30334 Company, Inc.

P. O. Box 1295 Attorney General Birmingham, Alabama 35201-1295 Law Department 132 Judicial Building Mr. Skip Kitchens Atlanta, Georgia 30334 General Manager, Vogtle Electric Generating Plant Mr. Laurence Bergen Southern Nuclear Operating Oglethorpe Power Corporation Company, Inc. 2100 East Exchange Place P. O. Box 1600 P. O. Box 1349 Waynesboro, Georgia 30830 Tucker, Georgia 30085-1349 Mr. J. B. Beasley, Jr. Arthur H. Domby, Esquire Executive Vice President Troutman Sanders Southern Nuclear Operating NationsBank Plaza Company, Inc. 600 Peachtree Street, NE.

P. O. Box 1295 Suite 5200 Birmingham, Alabama 35201-1295 Atlanta, Georgia 30308-2216 Steven M. Jackson Resident Inspector Senior Engineer - Power Supply Vogtle Plant Municipal Electric Authority 8805 River Road of Georgia Waynesboro, Georgia 30830 1470 Riveredge Parkway, NW.

Atlanta, Georgia 30328-4684 Office of the County Commissioner Burke County Commission Mr. Reece McAlister Waynesboro, Georgia 30830 Executive Secretary Georgia Public Service Commission Mr. J. T. Gasser 244 Washington St., S. W. Vice President Atlanta, Ga. 30334 Southern Nuclear Operating Company, Inc.

Post Office Box 1295 Birmingham, Alabama 35201-1295