ML041970473

Request for Withholding Information from Public Disclosure - WCAP-14118, Revision 7

ML041970473
Person / Time
Site:	Cook
Issue date:	07/21/2004
From:	John Lamb NRC/NRR/DLPM/LPD3
To:	Gresham J Westinghouse
anm1
References
TAC MC3074
Download: ML041970473 (4)

Text

July 21, 2004 J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

DONALD C. COOK NUCLEAR PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE - WCAP-14118, REVISION 7 (TAC NO. MC3074)

Dear Mr. Gresham:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated June 24, 2004, the Indiana Michigan Power Company (I&M) submitted an affidavit dated May 18, 2004, executed by J. A. Gresham of Westinghouse Electric Company, LLC (Westinghouse), requesting that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390: Revision 7 to WCAP 14118, Structural Integrity Evaluation of Reactor Vessel Upper Head Penetration to Support Continued Operation:

D. C. Cook Units 1 and 2, May 2004.

A nonproprietary copy of this document has been placed in the NRCs 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:

The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouses competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

The use of the information 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.

The information reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

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.

J. A. Gresham Therefore, the version 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.

If you have any questions regarding this matter, I may be reached at 301-415-1446.

Sincerely,

/RA/

John G. Lamb, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-315 and 50-316 cc: See next page

ML041970473 NRR-084 OFFICE PDIII-1/PM PDIII-1/LA PDIII-1/SC NAME JLamb THarris LRaghavan DATE 07/20/04 07/20/04 07/21/04 Donald C. Cook Nuclear Plant, Units 1 and 2 cc:

Regional Administrator, Region III Michigan Department of Environmental Quality U.S. Nuclear Regulatory Commission Waste and Hazardous Materials Div.

801 Warrenville Road Hazardous Waste & Radiological Lisle, IL 60532-4351 Protection Section Nuclear Facilities Unit Township Supervisor Constitution Hall, Lower-Level North Lake Township Hall 525 West Allegan Street P.O. Box 818 P. O. Box 30241 Bridgman, MI 49106 Lansing, MI 48909-7741 U.S. Nuclear Regulatory Commission David A. Lochbaum Resident Inspectors Office Nuclear Saftey Engineer 7700 Red Arrow Highway Union of Concerned Scientist Stevensville, MI 49127 1707 H Street NW, Suite 600 Washington, DC 20036 David W. Jenkins, Esquire Indiana Michigan Power Company Michael J. Finissi, Plant Manager One Cook Place Indiana Michigan Power Company Bridgman, MI 49106 Nuclear Generation Group One Cook Place Mayor, City of Bridgman Bridgman, MI 49106 P.O. Box 366 Bridgman, MI 49106 Mr. Joseph N. Jensen, Site Vice President Indiana Michigan Power Company Special Assistant to the Governor Nuclear Generation Group Room 1 - State Capitol One Cook Place Lansing, MI 48909 Bridgman, MI 49106 Mr. John A. Zwolinski Mr. Mano K. Nazar Director, Design Engineering and American Electric Power Regulatory Affairs Senior Vice President and Chief Nuclear Officer Indiana Michigan Power Company Indiana Michigan Power Company Nuclear Generation Group 500 Circle Drive Nuclear Generation Group Buchanan, MI 49107 500 Circle Drive Buchanan, MI 49107