ML053260192
| 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 Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Peter Brann Assistant Attorney General State House, Station #6 Augusta, ME 04333 Resident Inspector U.S. Nuclear Regulatory Commission Seabrook Nuclear Power Station P.O. Box 1149 Seabrook, NH 03874 Town of Exeter 10 Front Street Exeter, NH 03823 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Office of the Attorney General One Ashburton Place, 20th Floor Boston, MA 02108 Board of Selectmen Town of Amesbury Town Hall Amesbury, MA 01913 Ms. Deborah Bell Federal Emergency Management Agency Region I J.W. McCormack P.O. &
Courthouse Building, Room 401 Boston, MA 02109 Mr. Tom Crimmins Polestar Applied Technology One First Street, Suite 4 Los Altos, CA 94019 Mr. Stephen McGrail, Director ATTN: James Muckerheide Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399 Philip T. McLaughlin, Attorney General Steven M. Houran, Deputy Attorney General 33 Capitol Street Concord, NH 03301 Mr. Bruce Cheney, Director New Hampshire Office of Emergency Management State Office Park South 107 Pleasant Street Concord, NH 03301 Mr. Gene F. St. Pierre Station Director Seabrook Station FPL Energy Seabrook, LLC P.O. Box 300 Seabrook, NH 03874 Mr. M. S. Ross, Managing Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Rajiv S. Kundalkar Vice President - Nuclear Engineering Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 James M. Peschel Regulatory Programs Manager Seabrook Station FPL Energy Seabrook, LLC PO Box 300 Seabrook, NH 03874
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