ML050470525

Ltr, J. A. Gresham from B. Moroney, Withholding Information from Public Disclosure, Proposed License Amendment, Add Steam Generator Repair Method, Westinghouse Electric LLC, Alloy 800 Leak Limiting Sleeves

ML050470525
Person / Time
Site:	Saint Lucie
Issue date:	02/15/2005
From:	Moroney B NRC/NRR/DLPM/LPD2
To:	Gresham J Westinghouse
Moroney B, NRR/DLPM, 415-3974
References
TAC MC5633
Download: ML050470525 (4)

Text

February 15, 2005 J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC P.O. Box 500 2000 Day Hill Road Windsor, CT 106095-0500

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, LLC - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ST. LUCIE UNIT 2 (TAC NO. MC5633)

Dear Mr. Gresham:

By letter dated January 6, 2005 (ML050120450), Florida Power & Light Company (the licensee) submitted your affidavit dated July 26, 2004, in which you requested 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) Section 2.390:

St. Lucie Unit 2, Proposed License Amendment, Add Steam Generator Repair Method, Westinghouse Electric LLC, Alloy 800 Leak Limiting Sleeves 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:

(a) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(b) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

(c) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390, it is to be received in confidence by the Commission.

(d) The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.

(e) The proprietary information, appropriately marked in WCAP-15918-P, Rev. 2 Steam Generator Tube Repair for Combustion Engineering and Westinghouse Designed Plants with 3/4 Inch Inconel 600 Tubes Using Leak Limiting Alloy 800 Sleeves (Proprietary), dated July, 2004, as submitted for use by Westinghouse for St. Lucie Unit 2 is expected to be used in response to certain NRC requirements for justification of the use of Alloy 800 sleeves in degraded steam generator tubes.

J. Gresham (f) Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar analyses and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

(g) The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.

(h) In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.

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 301-415-3974.

Sincerely,

/RA/

Brendan T. Moroney, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-389 cc: see next page

J. Gresham (f) Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar analyses and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

(g) The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.

(h) In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.

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 document listed above and identified 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 301-415-3974.

Sincerely,

/RA/

Brendan T. Moroney, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-389 cc: see next page Distribution:

PUBLIC OGC EHackett BMoroney JMunday, RII LPDII-2 R/F ACRS MMarshall JArroyo BClayton (hard copy)

ADAMS ACCESSION NUMBER: ML050470525 NRR-084 OFFICE PDII-2/PE PDII-2/PM PDII-2/LA PDII-2/SC NAME JArroyo BMoroney BClayton MMarshall DATE 2 / 11 /2005 2 / 14 /2005 2 / 11 /2005 2 / 15 /2005

J. Gresham OFFICIAL RECORD COPY

ST. LUCIE PLANT Florida Power and Light Company cc:

Mr. J. A. Stall Mr. William Jefferson, Jr.

Senior Vice President, Nuclear and Site Vice President Chief Nuclear Officer St. Lucie Nuclear Plant Florida Power and Light Company 6351 South Ocean Drive P.O. Box 14000 Jensen Beach, Florida 34957-2000 Juno Beach, Florida 33408-0420 Mr. G. L. Johnston Senior Resident Inspector Plant General Manager St. Lucie Plant St. Lucie Nuclear Plant U.S. Nuclear Regulatory Commission 6351 South Ocean Drive P.O. Box 6090 Jensen Beach, Florida 34957 Jensen Beach, Florida 34957 Mr. Terry Patterson Craig Fugate, Director Licensing Manager Division of Emergency Preparedness St. Lucie Nuclear Plant Department of Community Affairs 6351 South Ocean Drive 2740 Centerview Drive Jensen Beach, Florida 34957 Tallahassee, Florida 32399-2100 David Moore, Vice President M. S. Ross, Managing Attorney Nuclear Operations Support Florida Power & Light Company Florida Power and Light Company P.O. Box 14000 P.O. Box 14000 Juno Beach, FL 33408-0420 Juno Beach, FL 33408-0420 Marjan Mashhadi, Senior Attorney Mr. Rajiv S. Kundalkar Florida Power & Light Company Vice President - Nuclear Engineering 801 Pennsylvania Avenue, NW. Florida Power & Light Company Suite 220 P.O. Box 14000 Washington, DC 20004 Juno Beach, FL 33408-0420 Mr. Douglas Anderson Mr. J. Kammel County Administrator Radiological Emergency St. Lucie County Planning Administrator 2300 Virginia Avenue Department of Public Safety Fort Pierce, Florida 34982 6000 Southeast Tower Drive Stuart, Florida 34997 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741