ML060120079

Withholding Information from Public Disclosure, WEP-05-318-P - Attachment, Point Beach Unit 2 Reactor Vessel CMTRs

ML060120079
Person / Time
Site:	Point Beach
Issue date:	01/23/2006
From:	Lyon C Plant Licensing Branch III-2
To:	Maurer B Westinghouse
muniz A, NRR/DORL, 415-4093
References
TAC MC6729, WEP-05-318-P
Download: ML060120079 (4)

Text

January 23, 2006 Mr. B. F. Maurer, Acting Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

NUCLEAR MANAGEMENT COMPANY, LLC - REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR POINT BEACH NUCLEAR PLANT, UNIT 2 (TAC NO. MC6729)

Dear Mr. Maurer:

By letter to the Nuclear Regulatory Commission (NRC) dated November 18, 2005, Nuclear Management Company, LLC, submitted an affidavit dated November 16, 2005, executed by you 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:

WEP-05-318 P-Attachment, Point Beach Unit 2 Reactor Vessel CMTRs

[Certified Material Test Reports] (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:

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 (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

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.

d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

B. Maurer e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

f) It contains patentable ideas, for which patent protection may be desirable.

We have reviewed your 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 also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of the 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, please contact me at 301-415-2296.

Sincerely,

/RA/

Carl F. Lyon, Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-301 cc: See next page

B. Maurer e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

f) It contains patentable ideas, for which patent protection may be desirable.

We have reviewed your 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 also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of the 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, please contact me at 301-415-2296.

Sincerely,

/RA/

Carl F. Lyon, Project Manager, Section 1 Plant Licensing Branch III Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-301 cc: See next page DISTRIBUTION:

PUBLIC LPLIII-1 R/F RidsNrrPMFLyon RidsNrrLADClarke RidsNrrDorlLple RidsNrrDorlDpr RidsOgcRp RidsAcrsAcnwMailCenter AMuniz RidsRgn3MailCenter ADAMS Accession Number: ML060120079 *Previously concurred NRR-088 OFFICE LPL3-1/PE LPL3-1/PM LPL3-1/LA LPL3-1/BC (A)

NAME AMuniz* CLyon:RSA DClarke* TKobetz DATE 1/20/06 1/20/06 1/20/06 1/23/06 OFFICIAL RECORD COPY

Point Beach Nuclear Plant, Units 1 and 2 cc:

Jonathan Rogoff, Esquire Mr. Jeffery Kitsembel Vice President, Counsel & Secretary Electric Division Nuclear Management Company, LLC Public Service Commission of Wisconsin 700 First Street P.O. Box 7854 Hudson, WI 54016 Madison, WI 53707-7854 Mr. F. D. Kuester Nuclear Asset Manager President & Chief Executive Officer Wisconsin Electric Power Company WE Generation 231 West Michigan Street 231 West Michigan Street Milwaukee, WI 53201 Milwaukee, WI 53201 Michael B. Sellman Regulatory Affairs Manager President and Chief Executive Officer Point Beach Nuclear Plant Nuclear Management Company, LLC Nuclear Management Company, LLC 700 First Street 6610 Nuclear Road Hudson, MI 54016 Two Rivers, WI 54241 Douglas E. Cooper Mr. Ken Duveneck Senior Vice President - Group Operations Town Chairman Palisades Nuclear Plant Town of Two Creeks Nuclear Management Company, LLC 13017 State Highway 42 27780 Blue Star Memorial Highway Mishicot, WI 54228 Covert, MI 49043 Chairman Site Director of Operations Public Service Commission Nuclear Management Company, LLC of Wisconsin 6610 Nuclear Road P.O. Box 7854 Two Rivers, WI 54241 Madison, WI 53707-7854 Regional Administrator, Region III U.S. Nuclear Regulatory Commission Suite 210 2443 Warrenville Road Lisle, IL 60532-4351 Resident Inspector's Office U.S. Nuclear Regulatory Commission 6612 Nuclear Road Two Rivers, WI 54241