ML050410534
| ML050410534 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 02/08/2005 |
| From: | Wang A NRC/NRR/DLPM/LPD4 |
| To: | Rickard I Westinghouse |
| Wang A,/NRR/DLPM/415-1445 | |
| References | |
| TAC MC0196 | |
| Download: ML050410534 (5) | |
Text
February 8, 2005 Mr. Ian C. Rickard Licensing Project Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services 20 International Drive Windsor, Connecticut 06095
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THE FORT CALHOUN STATION, UNIT 1 - (CAW-04-1893)
Dear Mr. Rickard:
By letter dated September 30, 2004, Omaha Public Power District (OPPD) submitted an affidavit dated September 22, 2004, executed by you, requesting that information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:
Calculation Note Number CN-CI-02-74, Revision 2, "Evaluation of Fatigue Crack Growth of Postulated Flaw at Omaha Fort Calhoun Pressurizer Lower Shell Instrumentation Nozzle," September 21, 2004 A nonproprietary copy of the document was not provided for placement in the NRC's Public Document Room or for addition 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:
(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.
(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.
I. Rickard (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.
(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.
(d) It reveals cost or price information, production capabilities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining 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, the information in the document entitled, "Evaluation of Fatigue Crack Growth of Postulated Flaw at Omaha Fort Calhoun Pressurizer Lower Shell Instrumentation Nozzle,"
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.
I. Rickard If you have any questions regarding this matter, I may be reached at (301) 415-1445.
Sincerely,
/RA/
Alan Wang, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-285 cc: See next page
I. Rickard If you have any questions regarding this matter, I may be reached at (301) 415-1445.
Sincerely,
/RA/
Alan Wang, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-285 cc: See next page DISTRIBUTION:
PUBLIC PDIV-2 Reading RidsNrrDlpmPdiv (HBerkow)
RidsNrrDlpmPdiv2 (RGramm)
RidsNrrPMAWang RidsNrrLALFeizollahi RidsOgcRp BElliot ADAMS ACCESSION NO.: ML050410534 NRR-084 OFFICE PDIV-2/PM PDIV-2/LA EMCB PDIV-2/SC NAME AWang LFeizollahi:LF MMitchell RGramm BElliot DATE 1/31/05 1/31/05 2/3/05 2/7/05 E:\Filenet\ML050410534.wpd OFFICIAL RECORD COPY
Ft. Calhoun Station, Unit 1 cc:
Winston & Strawn Mr. Daniel K. McGhee ATTN: James R. Curtiss, Esq. Bureau of Radiological Health 1400 L Street, N.W. Iowa Department of Public Health Washington, DC 20005-3502 401 SW 7th Street, Suite D Des Moines, IA 50309 Chairman Washington County Board of Supervisors Mr. Richard P. Clemens P.O. Box 466 Division Manager - Nuclear Assessments Blair, NE 68008 Omaha Public Power District Fort Calhoun Station Mr. John Kramer, Resident Inspector P.O. Box 550 U.S. Nuclear Regulatory Commission Fort Calhoun, NE 68023-0550 P.O. Box 310 Fort Calhoun, NE 68023 Mr. R. T. Ridenoure Division Manager - Nuclear Operations Regional Administrator, Region IV Omaha Public Power District U.S. Nuclear Regulatory Commission Fort Calhoun Station FC-2-4 Adm.
611 Ryan Plaza Drive, Suite 400 Post Office Box 550 Arlington, TX 76011-4005 Fort Calhoun, Nebraska 68023-0550 Ms. Sue Semerera, Section Administrator Nebraska Health and Human Services Systems Division of Public Health Assurance Consumer Services Section 301 Centential Mall, South P.O. Box 95007 Lincoln, NE 68509-5007 Mr. David J. Bannister, Manager Fort Calhoun Station Omaha Public Power District Fort Calhoun Station FC-1-1 Plant P.O. Box 550 Fort Calhoun, NE 68023-0550 Mr. John B. Herman Manager - Nuclear Licensing Omaha Public Power District Fort Calhoun Station FC-2-4 Adm.
P.O. Box 550 Fort Calhoun, NE 68023-0550