ML043520245
| ML043520245 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah  |
| Issue date: | 12/28/2004 |
| From: | Pickett D NRC/NRR/DLPM/LPD2 |
| To: | Singer K Tennessee Valley Authority |
| Pickett , NRR/DLPM, 415-1364 | |
| References | |
| TAC MC5212 | |
| Download: ML043520245 (4) | |
Text
December 28, 2004 Mr. Karl W. Singer Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801
SUBJECT:
SEQUOYAH NUCLEAR PLANT UNIT 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MC5212)
Dear Mr. Singer:
By letter from the Tennessee Valley Authority dated December 2, 2004 (TVA-SQN-TS-03-06),
Westinghouse Electric Company submitted an affidavit dated October 28, 2004, executed by J. A. Gresham, 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:
LTR-CDME-04-147, Application of W* to the Sequoyah Unit 2 Steam Generator Tubes (Proprietary)
A nonproprietary copy of this document 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:
(4)(ii)(a)
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.
(4)(ii)(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.
(4)(ii)(c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance or quality, or licensing a similar product.
(4)(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in LTR-CDMR-04-147, Application of W* to the Sequoyah
K. W. Singer Unit 2 Steam Generator Tubes (Proprietary), dated October 2004. The information is provided in support of a submittal to the Commission, being transmitted by Tennessee Valley Authority letter and Application for Withholding Proprietary Information form Public Disclosure, to the Document Control Desk.
The proprietary information as submitted for use by Westinghouse for Sequoyah Unit 2 is expected to be applicable to other license submittals in support of implementing the W* inspection methodology addressing service induced degradation in the tube joint region of steam generators.
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 301-415-1364.
Sincerely,
/RA/
Douglas V. Pickett, Senior Project Manager, Section 2 Project Directorate II-2 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-328 cc: See next page
K. W. Singer information is provided in support of a submittal to the Commission, being transmitted by Tennessee Valley Authority letter and Application for Withholding Proprietary Information form Public Disclosure, to the Document Control Desk.
The proprietary information as submitted for use by Westinghouse for Sequoyah Unit 2 is expected to be applicable to other license submittals in support of implementing the W* inspection methodology addressing service induced degradation in the tube joint region of steam generators.
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 301-415-1364.
Sincerely,
/RA/
Douglas V. Pickett, Senior Project Manager, Section 2 Project Directorate II-2 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-328 cc: See next page Distribution PDII-2 r/f PUBLIC OGC ACRS EHackett BClayton DPickett LLund VMcCree, R2 ADAMS ACCESSION NO. ML043520245 OFFICE PM:LPD2 LA:LPD2 SC:EMCB SC:LPD2 NAME DPickett CHawes for BClayton LLund MMarshall DATE 12/ 22 /04 12/ 17 /04 12/ 23 /04 12/ 28 /04 OFFICIAL RECORD COPY
Mr. Karl W. Singer SEQUOYAH NUCLEAR PLANT Tennessee Valley Authority cc:
Mr. Ashok S. Bhatnagar, Senior Vice President Nuclear Operations Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Michael J. Lorek, General Manager Nuclear Engineering Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Randy Douet Site Vice President Sequoyah Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Soddy Daisy, TN 37384-2000 General Counsel Tennessee Valley Authority ET 11A 400 West Summit Hill Drive Knoxville, TN 37902 Mr. John C. Fornicola, Manager Nuclear Assurance and Licensing Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801 Mr. Fredrick C. Mashburn Senior Program Manager Nuclear Licensing Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801 Mr. Paul L. Pace, Manager Licensing and Industry Affairs ATTN: James D. Smith Sequoyah Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Soddy Daisy, TN 37384-2000 Mr. David A. Kulisek, Plant Manager Sequoyah Nuclear Plant Tennessee Valley Authority P.O. Box 2000 Soddy Daisy, TN 37384-2000 Senior Resident Inspector Sequoyah Nuclear Plant U.S. Nuclear Regulatory Commission 2600 Igou Ferry Road Soddy Daisy, TN 37379 Mr. Lawrence E. Nanney, Director Division of Radiological Health Dept. of Environment & Conservation Third Floor, L and C Annex 401 Church Street Nashville, TN 37243-1532 County Mayor Hamilton County Courthouse Chattanooga, TN 37402-2801 Ms. Ann P. Harris 341 Swing Loop Road Rockwood, Tennessee 37854