ML042990002
| ML042990002 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 11/05/2004 |
| From: | Ellen Brown NRC/NRR/DLPM/LPD2 |
| To: | Sepp H Westinghouse |
| Brown Eva, NRR/DLPM, 415-2315 | |
| References | |
| TAC MB6909, TAC MB6910 | |
| Download: ML042990002 (4) | |
Text
November 5, 2004 Mr. H. A. Sepp, Manager Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania, 15230-355
SUBJECT:
WESTINGHOUSE ELECTRIC COMPANYS REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR TURKEY POINT UNITS 3 AND 4 (TAC NOS. MB6909 AND MB6910)
Dear Mr. Sepp:
By Florida Power & Light Companys letter dated September 8, 2003, and your affidavit dated July 25, 2003, you requested that, Response in support of NRCs [Nuclear Regulatory Commissions] Request for Additional Information, Turkey Point Nuclear Plant, Unit Nos. 3 and 4, Proposed License Amendments: Addition of Cask Area Spent Fuel Storage Racks, L-2002-214, Dated November 26, 2002, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790.
A nonproprietary copy of these documents has been placed in the 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.
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.
b.
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.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that subject to the conditions below, the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the requested portions of the documents listed above and identified by you as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
H.A. Sepp 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 your request to withhold this information, you will be notified in advance of any public disclosure.
If you have any questions regarding this matter, please feel free to contact me at 301-415-2315.
Sincerely,
/RA/
Eva A. Brown, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251 cc: See next page
ML042990002 NRR-084 OFFICE PDII-2/PM PDII-2/LA PDII-2/SC NAME EBrown BClayton MMarshall DATE 10/27/04 10/26/04 11/05/04
Florida Power and Light Company TURKEY POINT PLANT cc:
Mr. J. A. Stall Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420 M. S. Ross, Managing Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Marjan Mashhadi, Senior Attorney Florida Power & Light Company 801 Pennsylvania Avenue, NW.
Suite 220 Washington, DC 20004 Terry O. Jones Site Vice President Turkey Point Nuclear Plant Florida Power and Light Company 9760 SW. 344th Street Florida City, FL 33035 County Manager Miami-Dade County 111 Northwest 1 Street, 29th Floor Miami, Florida 33128 Senior Resident Inspector Turkey Point Nuclear Plant U.S. Nuclear Regulatory Commission 9762 SW. 344th Street Florida City, Florida 33035 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Mr. Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Michael O. Pearce Plant General Manager Turkey Point Nuclear Plant Florida Power and Light Company 9760 SW. 344th Street Florida City, FL 33035 Walter Parker Licensing Manager Turkey Point Nuclear Plant 9760 SW. 344th Street Florida City, FL 33035 David Moore, Vice President Nuclear Operations Support Florida Power and Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Rajiv S. Kundalkar Vice President - Nuclear Engineering Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420