ML052160247

Westinghouse Electric Company Request for Withholding Information from Public Disclosure

ML052160247
Person / Time
Site:	Prairie Island
Issue date:	08/11/2005
From:	Mahesh Chawla NRC/NRR/DLPM/LPD3
To:	Gresham J Westinghouse
Chawla M, NRR/DLPM, 415-8371
References
TAC MC7542
Download: ML052160247 (4)

Text

August 11, 2005 Mr. James A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

PRAIRIE ISLAND NUCLEAR GENERATING PLANT, UNIT 1 -

WESTINGHOUSE ELECTRIC COMPANY RE: REQUEST FOR WITHHOLDING INORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MC7542)

Dear Mr. Gresham:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated March 29, 2005, Nuclear Management Company (NMC) submitted an affidavit dated February 22, 2005, executed by you, 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), Part 2, Section 2.390:

Prairie Island High Burnup LTA Inspection Report, October 2004 (Proprietary)

A nonproprietary copy of this document has been placed in the NRCs 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:

(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 Westinghouses competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (for component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

J. Gresham 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)(4) 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 301-415-8371.

Sincerely,

/RA/

Mahesh Chawla, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-282 cc: See next page

J. Gresham 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)(4) 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 301-415-8371.

Sincerely,

/RA/

Mahesh Chawla, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-282 cc: See next page DISTRIBUTION:

PUBLIC LRaghavan OGC PDIII-1 R/F THarris AStone ACRS SReynolds MChawla FAkstulewicz HNieh ADAMS ACCESSION NO.: ML052160247 OFFICE PDIII-1/PM PDIII-1/LA SRXB:SC PDIII-1/SC NAME MChawla DClarke for THarris FAkstulewicz LRaghavan DATE 8/10/05 8/9/05 8/10/05 8/10/05 OFFICIAL RECORD COPY

Prairie Island Nuclear Generating Plant, Units 1 and 2 cc:

Jonathan Rogoff, Esquire Tribal Council Vice President, Counsel & Secretary Prairie Island Indian Community Nuclear Management Company, LLC ATTN: Environmental Department 700 First Street 5636 Sturgeon Lake Road Hudson, WI 54016 Welch, MN 55089 Manager, Regulatory Affairs Nuclear Asset Manager Prairie Island Nuclear Generating Plant Xcel Energy, Inc.

Nuclear Management Company, LLC 414 Nicollet Mall, R.S. 8 1717 Wakonade Drive East Minneapolis, MN 55401 Welch, MN 55089 John Paul Cowan Manager - Environmental Protection Division Executive Vice President & Chief Nuclear Minnesota Attorney Generals Office Officer 445 Minnesota St., Suite 900 Nuclear Management Company, LLC St. Paul, MN 55101-2127 700 First Street Hudson, WI 54016 U.S. Nuclear Regulatory Commission Resident Inspector's Office Craig G. Anderson 1719 Wakonade Drive East Senior Vice President, Group Operations Welch, MN 55089-9642 Nuclear Management Company, LLC 700 First Street Regional Administrator, Region III Hudson, WI 54016 U.S. Nuclear Regulatory Commission 801 Warrenville Road Mr. Joseph M. Solymossy Lisle, IL 60532-4351 Site Vice President Prairie Island Nuclear Generating Plant Administrator Nuclear Management Company, LLC Goodhue County Courthouse 1717 Wakonade Drive East Box 408 Welch, MN 55089 Red Wing, MN 55066-0408 Commissioner Minnesota Department of Commerce 85 7th Place East, Suite 500 St. Paul, MN 55101-2198 November 2004