ML052550272

Westinghouse Electric Company, Request for Withholding Information from Public Disclosure for R. E. Ginna Nuclear Power Plant

ML052550272
Person / Time
Site:	Ginna
Issue date:	09/30/2005
From:	Milano P NRC/NRR/DLPM/LPD1
To:	Gresham J Westinghouse
Milano P, NRR/DLPM , 415-1457
References
TAC MC7382
Download: ML052550272 (4)

Text

September 30, 2005 Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR R.E. GINNA NUCLEAR POWER PLANT (TAC NO. MC7382)

Dear Mr. Gresham:

By letter dated July 7, 2005, R.E. Ginna Nuclear Power Plant, LLC, submitted an application to the Nuclear Regulatory Commission (NRC) for an increase in the steady-state thermal power level at the R.E. Ginna Nuclear Power Plant. In support of this application, the licensee provided a copy of Westinghouse Electric Company Report WCAP-16461-P, "Ginna Station Extended Power Uprate Supplemental Information, Revision 0, dated July 2005. By letter dated July 7, 2005, you submitted an affidavit, executed by you, requesting that the information contained in WCAP-16461-P be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

A nonproprietary copy of this document has been placed in the 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 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(s) 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.

J. Gresham 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 301-415-1457.

Sincerely,

/RA/

Patrick D. Milano, Sr. Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-244 cc: See next page

J. Gresham 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 301-415-1457.

Sincerely,

/RA/

Patrick D. Milano, Sr. Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-244 cc: See next page DISTRIBUTION:

PUBLIC J. Nakoski S. Miranda G. Makar PDI-1 Reading File K. Manoly C. Wu J. Trapp, R-I C. Holden A. Hiser N. Ray OGC R. Laufer P. Milano S. Little ACRS Accession Number: ML052550272 OFFICE PDI-1\PM PDI-1\LA SRXB\SC EMEB\SC EMCB\SC PDI-1\SC NAME PMilano SLittle JNakoski KManoly LLund RLaufer DATE 09/13/05 09/13/05 09/15/05 09/15/05 09/15/05 09/30/05 Official Record Copy

R.E. Ginna Nuclear Power Plant cc:

Mr. Michael J. Wallace Charles Donaldson, Esquire President Assistant Attorney General R.E. Ginna Nuclear Power Plant, LLC New York Department of Law c/o Constellation Energy 120 Broadway 750 East Pratt Street New York, NY 10271 Baltimore, MD 21202 Ms. Thelma Wideman, Director Mr. John M. Heffley Wayne County Emergency Management Senior Vice President and Office Chief Nuclear Officer Wayne County Emergency Operations Constellation Generation Group Center 1997 Annapolis Exchange Parkway 7336 Route 31 Suite 500 Lyons, NY 14489 Annapolis, MD 21401 Ms. Mary Louise Meisenzahl Mrs. Mary G. Korsnick Administrator, Monroe County Vice President, R.E. Ginna Nuclear Power Office of Emergency Preparedness Plant 1190 Scottsville Road, Suite 200 R. E. Ginna Nuclear Power Plant, LLC Rochester, NY 14624 1503 Lake Road Ontario, NY 14519 Mr. Paul Eddy New York State Department of Kenneth Kolaczyk, Sr. Resident Inspector Public Service R.E. Ginna Nuclear Power Plant 3 Empire State Plaza, 10th Floor U.S. Nuclear Regulatory Commission Albany, NY 12223 1503 Lake Road Ontario, NY 14519 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Peter R. Smith, President New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Carey W. Fleming, Esquire Senior Counsel - Nuclear Generation Constellation Generation Group, LLC 750 East Pratt Street, 17th Floor Baltimore, MD 21202