ML041670112
| 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:
Mr. N.J. Stringfellow Manager, Licensing Southern Nuclear Operating Company, Inc.
P. O. Box 1295 Birmingham, Alabama 35201-1295 Mr. Skip Kitchens General Manager, Vogtle Electric Generating Plant Southern Nuclear Operating Company, Inc.
P. O. Box 1600 Waynesboro, Georgia 30830 Mr. J. B. Beasley, Jr.
Executive Vice President Southern Nuclear Operating Company, Inc.
P. O. Box 1295 Birmingham, Alabama 35201-1295 Steven M. Jackson Senior Engineer - Power Supply Municipal Electric Authority of Georgia 1470 Riveredge Parkway, NW.
Atlanta, Georgia 30328-4684 Mr. Reece McAlister Executive Secretary Georgia Public Service Commission 244 Washington St., S. W.
Atlanta, Ga. 30334 Harold Reheis, Director Department of Natural Resources 205 Butler Street, SE. Suite 1252 Atlanta, Georgia 30334 Attorney General Law Department 132 Judicial Building Atlanta, Georgia 30334 Mr. Laurence Bergen Oglethorpe Power Corporation 2100 East Exchange Place P. O. Box 1349 Tucker, Georgia 30085-1349 Arthur H. Domby, Esquire Troutman Sanders NationsBank Plaza 600 Peachtree Street, NE.
Suite 5200 Atlanta, Georgia 30308-2216 Resident Inspector Vogtle Plant 8805 River Road Waynesboro, Georgia 30830 Office of the County Commissioner Burke County Commission Waynesboro, Georgia 30830 Mr. J. T. Gasser Vice President Southern Nuclear Operating Company, Inc.
Post Office Box 1295 Birmingham, Alabama 35201-1295