ML053260192

FPL Energy Seabrook, LLC, Request for Withholding Information from Public Disclosure for Seabrook Station

ML053260192
Person / Time
Site:	Seabrook
Issue date:	11/28/2005
From:	Geoffrey Miller Plant Licensing Branch III-2
To:	Maurer B Westinghouse
Miller G, NRR/DLPM, 415-2481
References
LTR-CDME-05-170-P, TAC MC4907
Download: ML053260192 (6)

Text

November 28, 2005 Mr. B. F. Maurer Acting Manager, Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA, 15230-0355

SUBJECT:

FPL ENERGY SEABROOK, LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SEABROOK STATION (TAC NO. MC4907)

Dear Mr. Maurer:

By letter dated September 29, 2005, FPL Energy Seabrook, LLC (FPLE) submitted an affidavit executed by you, dated September 7, 2005, requesting 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:

LTR-CDME-05-170-P, Limited Inspection of the Steam Generator Tube Portion Within the Tubesheet at Seabrook Generating Station, dated August 2005 A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commissions (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:

(1) This information is of the type typically held in confidence by Westinghouse Electric Company LLC (Westinghouse), and is in fact so held.

(2) The information is being transmitted to the NRC in confidence.

(3) The information has not been publically disclosed, nor is it available in public sources.

(4) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.), where prevention of its use by Westinghouses competitors constitutes a competitive economic advantage over other companies.

(5) The information, if used 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 of a similar product.

B. Maurer (6) The information reveals aspects of past, present, or future Westinghouse or customer-funded development plans and programs of potential commercial value to Westinghouse.

(7) Use of the information by a competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at Westinghouses expense.

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 should also 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 301-415-2481.

Sincerely,

/RA/

G. Edward Miller, Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-443 cc: See next page

Seabrook Station, Unit No. 1 cc:

Mr. J. A. Stall Mr. Stephen McGrail, Director Senior Vice President, Nuclear and ATTN: James Muckerheide Chief Nuclear Officer Massachusetts Emergency Management Agency Florida Power & Light Company 400 Worcester Road P.O. Box 14000 Framingham, MA 01702-5399 Juno Beach, FL 33408-0420 Philip T. McLaughlin, Attorney General Mr. Peter Brann Steven M. Houran, Deputy Attorney Assistant Attorney General General State House, Station #6 33 Capitol Street Augusta, ME 04333 Concord, NH 03301 Resident Inspector Mr. Bruce Cheney, Director U.S. Nuclear Regulatory Commission New Hampshire Office of Emergency Seabrook Nuclear Power Station Management P.O. Box 1149 State Office Park South Seabrook, NH 03874 107 Pleasant Street Concord, NH 03301 Town of Exeter 10 Front Street Mr. Gene F. St. Pierre Exeter, NH 03823 Station Director Seabrook Station Regional Administrator, Region I FPL Energy Seabrook, LLC U.S. Nuclear Regulatory Commission P.O. Box 300 475 Allendale Road Seabrook, NH 03874 King of Prussia, PA 19406 Mr. M. S. Ross, Managing Attorney Office of the Attorney General Florida Power & Light Company One Ashburton Place, 20th Floor P.O. Box 14000 Boston, MA 02108 Juno Beach, FL 33408-0420 Board of Selectmen Mr. Rajiv S. Kundalkar Town of Amesbury Vice President - Nuclear Engineering Town Hall Florida Power & Light Company Amesbury, MA 01913 P.O. Box 14000 Juno Beach, FL 33408-0420 Ms. Deborah Bell Federal Emergency Management Agency James M. Peschel Region I Regulatory Programs Manager J.W. McCormack P.O. & Seabrook Station Courthouse Building, Room 401 FPL Energy Seabrook, LLC Boston, MA 02109 PO Box 300 Seabrook, NH 03874 Mr. Tom Crimmins Polestar Applied Technology One First Street, Suite 4 Los Altos, CA 94019

Seabrook Station, Unit No. 1 cc:

David Moore Vice President, Nuclear Operations Support Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Marjan Mashhadi Senior Attorney Florida Power & Light Company 801 Pennsylvania Ave., NW Suite 220 Washington, DC 20004

ML053260192 OFFICE LPL1-2/PM LPL1-2/LA CSGB-BC LPL1-2/BC NAME GMiller CRaynor AHiser DRoberts DATE 11/23/05 11/25/05 11/21/05 11/28/05