ML041900554
| ML041900554 | |
| Person / Time | |
|---|---|
| Site: | Surry  |
| Issue date: | 07/07/2004 |
| From: | Stephen Monarque NRC/NRR/DLPM/LPD2 |
| To: | Christian D Virginia Electric & Power Co (VEPCO) |
| Monarque S, NRR/DLPM, 415-1544 | |
| References | |
| Download: ML041900554 (4) | |
Text
July 7, 2004 Mr. David A. Christian Senior Vice President and Chief Nuclear Officer Virginia Electric and Power Company 5000 Dominion Blvd.
Glen Allen, Virginia 23060
SUBJECT:
VIRGINIA ELECTRIC AND POWER COMPANY REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SURRY POWER STATION, UNITS 1 AND 2
Dear Mr. Christian:
By letter dated May 7, 2004, Virginia Electric and Power Company submitted an affidavit dated May 7, 2004, executed by Ms. Leslie Hartz, Vice President - Nuclear Engineering, requesting that the information contained in the May 7, 2004, submittal be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
Specifically, this request was for Enclosure 5 of the submittal entitled, Test of Cold Thermal Shock on RCP 93D Shaft Seals in Shutdown Configuration. A nonproprietary copy of the May 7, 2004, submittal 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:
(a)
This information is being held in confidence by Virginia Electric and Power Company.
(b)
This information is of a type that is customarily held in confidence by Virginia Electric and Power Company, and there is a rational basis for doing so because the information contains sensitive technical information concerning testing of reactor coolant pump floating ring seals.
(c)
This information is being transmitted to the NRC in confidence.
(d)
This information is not available in public sources and could not be gathered readily from other publicly available information.
(e)
Public disclosure of this information would create substantial harm to the competitive position of Virginia Electric and Power Company by disclosing confidential technical information to other parties whose commercial interests may be adverse to those of Virginia Electric and Power Company. Furthermore, Virginia Electric and Power Company has expended significant resources to obtain the subject technical information. Therefore, the use of this confidential information by competitors would permit them to use the information purchased by Virginia Electric and Power Company from the company performing the testing without the expenditure of similar resources, thus giving them a competitive advantage.
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, Enclosure 5 of the May 7, 2004, submittal entitled, Test of Cold Thermal Shock on RCP 93D Shaft Seals in Shutdown Configuration, 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 301-415-1544.
Sincerely,
/RA/
Stephen R. Monarque Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-280 and 20-281 cc: See next page obtain the subject technical information. Therefore, the use of this confidential information by competitors would permit them to use the information purchased by Virginia Electric and Power Company from the company performing the testing without the expenditure of similar resources, thus giving them a competitive advantage.
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, Enclosure 5 of the May 7, 2004, submittal entitled, Test of Cold Thermal Shock on RCP 93D Shaft Seals in Shutdown Configuration, 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 301-415-1544.
Sincerely,
/RA/
Stephen R. Monarque Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-280 and 20-281 cc: See next page DISTRIBUTION PUBLIC EDunnington EHackett FMReinhart PDII-1 R/F SMonarque SCoffin KLandis ADAMS ACCESSION NO. ML041900554 NRR-084 OFFICE LA:PDII/S2 PM:PDII/S1 SC:SPSB SC:PDII-1 NAME EDunnington SMonarque FMReinhart SCoffin DATE 7/6/04 7/6/04 06/29/2004 07/06/2004 OFFICIAL RECORD COPY
David A. Christian Virginia Electric and Power Company Surry Power Station, Units 1 and 2 cc:
Ms. Lillian M. Cuoco, Esq.
Senior Counsel Dominion Resources Services, Inc.
Building 475, 5th Floor Rope Ferry Road Rt. 156 Waterford, Connecticut 06385 Mr. Richard H. Blount, II Site Vice President Surry Power Station Virginia Electric and Power Company 5570 Hog Island Road Surry, Virginia 23883-0315 Senior Resident Inspector Surry Power Station U. S. Nuclear Regulatory Commission 5850 Hog Island Road Surry, Virginia 23883 Chairman Board of Supervisors of Surry County Surry County Courthouse Surry, Virginia 23683 Dr. W. T. Lough Virginia State Corporation Commission Division of Energy Regulation P. O. Box 1197 Richmond, Virginia 23218 Robert B. Strobe, M.D., M.P.H.
State Health Commissioner Office of the Commissioner Virginia Department of Health P.O. Box 2448 Richmond, Virginia 23218 Office of the Attorney General Commonwealth of Virginia 900 East Main Street Richmond, Virginia 23219 Mr. Chris L. Funderburk, Director Nuclear Licensing & Operations Support Dominion Resources Services, Inc.
Innsbrook Technical Center 5000 Dominion Blvd.
Glen Allen, Virginia 23060-6711 Mr. Jack M. Davis Site Vice President North Anna Power Station Virginia Electric and Power Company P. O. Box 402 Mineral, Virginia 23117-0402 Mr. William R. Matthews Vice President - Nuclear Operations Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, Virginia 23060-6711