ML052790646

Withholding Information from Public Disclosure, Tac Nos. MC5863 and MC5864

ML052790646
Person / Time
Site:	Vogtle
Issue date:	10/20/2005
From:	Gratton C NRC/NRR/DLPM/LPD2
To:	Galembush J Westinghouse
Gratton C, NRR/DLPM 415-1055
References
TAC MC5863, TAC MC5864
Download: ML052790646 (3)

Text

October 20, 2005 J. S. Galembush, Acting Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR VOGTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2 (TAC NOS. MC5863 AND MC5864)

Dear Mr. Gresham:

By letter dated January 27, 2005, Southern Nuclear Operating Company submitted an affidavit dated January 6, 2005, executed by J. S. Galembush, 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:

WCAP-15376 Implementation Guideline Approach to Address the Conditions and Limitations in the NRCs Safety Evaluation (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)(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, Enclosure 1A of your application dated January 27, 2005, 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. A. 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 301-415-1055.

Sincerely,

/RA/

Christopher Gratton, Sr. Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos.05-425 and 05-425 License Nos. NPF-068 and NPF-081 cc: See next page

ML052790646 NRR-084 OFFICE PDII-1/PM PDII-1/PM PDII-1/SC NAME CGratton CHawes EMarinos DATE 10/ 18 /05 10/ 17 /05 10/ 20 /05 Vogtle Electric Generating Plant, Units 1 & 2 cc:

Mr. N. J. Stringfellow Attorney General Manager, Licensing Law Department Southern Nuclear Operating Company, Inc. 132 Judicial Building P.O. Box 1295 Atlanta, GA 30334 Birmingham, AL 35201-1295 Mr. Laurence Bergen Mr. T. E. Tynan, General Manager Oglethorpe Power Corporation Vogtle Electric Generating Plant 2100 East Exchange Place Southern Nuclear Operating Company, Inc. P.O. Box 1349 7821 River Road Tucker, GA 30085-1349 Waynesboro, GA 30830 Arthur H. Domby, Esquire Mr. Jeffrey T. Gasser Troutman Sanders Executive Vice President Nations Bank Plaza Southern Nuclear Operating Company, Inc. 600 Peachtree Street, NE P.O. Box 1295 Suite 5200 Birmingham, AL 35201-1295 Atlanta, GA 30308-2216 Mr. Steven M. Jackson Resident Inspector Senior Engineer - Power Supply Vogtle Plant Municipal Electric Authority of Georgia 8805 River Road 1470 Riveredge Parkway, NW Waynesboro, GA 30830 Atlanta, GA 30328-4684 Office of the County Commissioner Mr. Reece McAlister Burke County Commission Executive Secretary Waynesboro, GA 30830 Georgia Public Service Commission 244 Washington St., SW Mr. Harold Reheis, Director Atlanta, GA 30334 Department of Natural Resources 205 Butler Street, SE, Suite 1252 Atlanta, GA 30334