ML043080322

Withholding from Public Disclosure, Westinghouse Responses to NRC Requests for Additional Information (Rais) for Seabrook Station Stretch Power Uprate (Proprietary)

ML043080322
Person / Time
Site:	Seabrook
Issue date:	11/19/2004
From:	Nerses V NRC/NRR/DLPM/LPD1
To:	Gresham J Westinghouse
Nerses V, NRR//DLPM, 415-1484
References
TAC MC2364
Download: ML043080322 (5)

Text

November 19, 2004 Mr. James A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, SEABROOK STATION, UNIT NO. 1 (TAC NO. MC2364)

Dear Mr. Gresham:

By letter dated October 12, 2004 (ML042890281), FPL Energy Seabrook, LLC (FPLE),

responded to a request for additional information related to FPLE's application to increase the licensed thermal power level at Seabrook Station, Unit No. 1 (Seabrook). That letter included a letter from you (CAW-04-1896) with an affidavit dated September 24, 2004, executed by you, requesting that information in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

Westinghouse Responses to NRC Requests for Additional Information (RAIs) for Seabrook Station Stretch Power Uprate (Proprietary).

A nonproprietary copy of the document was provided for placement in the Nuclear Regulatory Commission's (NRC's) Public Document Room and for addition to the Agencywide Documents Access and Management System Public Electronic Reading Room.1 By letter dated October 28, 2004 (ML043060464), FPLE resubmitted the same supplemental information provided in the October, 12, 2004, letter. Due to editorial errors, the portion of the October 12, 2004, letter related to the September 24, 2004, affidavit was not submitted in accordance with 10 CFR 2.390. The October 28, 2004, letter corrected these errors and, again, included the September 24, 2004, affidavit executed by you, requesting that information in the above document be withheld from public disclosure pursuant to 10 CFR 2.390.

The September 24, 2004, 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...

1 Note: As of the date of issuance of this letter, public access to ADAMS has been temporarily suspended so that security reviews of publicly available documents may be preformed and potentially sensitive information removed. Please check the NRC Web site for updates on the resumption of ADAMS access.

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

(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 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 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 301-415-1484.

Sincerely,

/RA/

Victor Nerses, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-443 cc: See next page

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

(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 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 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 301-415-2855.

Sincerely,

/RA/

Victor Nerses, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-443 cc: See next page DISTRIBUTION:

PUBLIC PDI-2 R/F DCollins VNerses CRaynor GMatakas, RGN I EMarinos KManoly JUhle ADAMS Accession Number: ML043080322 OFFICE PDI-2/PM PDI-2/LA EEIB/SC EMEB/SC SRXB/SC PDI-2/SC(A)

NAME VNerses CRaynor EMarinos KManoly JUhle DCollins DATE 11/18/04 11/09/04 11/19/04 11/16/04 11/17/04 11/18/04 OFFICIAL RECORD COPY

Seabrook Station, Unit No. 1 cc:

Mr. J. A. Stall Mr. Stephen McGrail, Director Senior Vice President, Nuclear and ATTN: James Muckerheide Chief Nuclear Officer Massachusetts Emergency Management Agency Florida Power & Light Company 400 Worcester Road P.O. Box 14000 Framingham, MA 01702-5399 Juno Beach, FL 33408-0420 Philip T. McLaughlin, Attorney General Mr. Peter Brann Steven M. Houran, Deputy Attorney Assistant Attorney General General State House, Station #6 33 Capitol Street Augusta, ME 04333 Concord, NH 03301 Resident Inspector Mr. Bruce Cheney, Director U.S. Nuclear Regulatory Commission New Hampshire Office of Emergency Seabrook Nuclear Power Station Management P.O. Box 1149 State Office Park South Seabrook, NH 03874 107 Pleasant Street Concord, NH 03301 Town of Exeter 10 Front Street Mr. Gene F. St. Pierre Exeter, NH 03823 Station Director Seabrook Station Regional Administrator, Region I FPL Energy Seabrook, LLC U.S. Nuclear Regulatory Commission P.O. Box 300 475 Allendale Road Seabrook, NH 03874 King of Prussia, PA 19406 Mr. M. S. Ross, Managing Attorney Office of the Attorney General Florida Power & Light Company One Ashburton Place, 20th Floor P.O. Box 14000 Boston, MA 02108 Juno Beach, FL 33408-0420 Board of Selectmen Mr. Rajiv S. Kundalkar Town of Amesbury Vice President - Nuclear Engineering Town Hall Florida Power & Light Company Amesbury, MA 01913 P.O. Box 14000 Juno Beach, FL 33408-0420 Ms. Deborah Bell Federal Emergency Management Agency James M. Peschel Region I Regulatory Programs Manager J.W. McCormack P.O. & Seabrook Station Courthouse Building, Room 401 FPL Energy Seabrook, LLC Boston, MA 02109 PO Box 300 Seabrook, NH 03874 Mr. Tom Crimmins Polestar Applied Technology One First Street, Suite 4 Los Altos, CA 94019

Seabrook Station, Unit No. 1 cc:

David Moore Vice President, Nuclear Operations Support Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Marjan Mashhadi Senior Attorney Florida Power & Light Company 801 Pennsylvania Ave., NW Suite 220 Washington, DC 20004 Mr. Mark E. Warner, Site Vice President c/o James M. Peschel Seabrook Station FPL Energy Seabrook, LLC PO Box 300 Seabrook, NH 03874