ML060590191

Westinghouse Electric Company, LLC, Request for Withholding Information from Public Disclosure for Beaver Valley Power Station, Unit Nos. 1 and 2 (BVPS-1 and 2)

ML060590191
Person / Time
Site:	Beaver Valley
Issue date:	03/02/2006
From:	Colburn T NRC/NRR/ADRO/DORL/LPLA
To:	Maurer B Westinghouse
Colburn T, NRR/DLPM, 415-1402
References
TAC MC4545, TAC MC4546
Download: ML060590191 (5)

Text

March 2, 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:

WESTINGHOUSE ELECTRIC COMPANY, LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2 (BVPS-1 AND 2) (TAC NOS.

MC4545 AND MC4546)

Dear Mr. Maurer:

By letter dated September 6, 2005, FirstEnergy Nuclear Operating Company (FENOC or the licensee) submitted an affidavit dated August 26, 2005, executed by J. A. Gresham. 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:

Probability Risk Assessment (PRA) RAI [request for additional information] Response #4 for the RSG/EPU [replacement steam generator/extended power uprate] Program (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:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where the prevention of its use by any of Westinghouses competitors without license from Westinghouse constitutes a competitive 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.

B. F. Maurer 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 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 301-415-1402.

Sincerely,

/RA/

Timothy G. Colburn, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334 and 50-412 cc: See next page

B. F. Maurer 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 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 301-415-1402.

Sincerely,

/RA/

Timothy G. Colburn, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334 and 50-412 cc: See next page DISTRIBUTION:

PUBLIC LPLI-1 R/F RidsNrrDorlLpla RidsNrrPMTColburn RidsNrrLASLittle RidsOGCMailCenter RidsAcrsAcnwMailCenter RidsNrrDraApla RidsDorl Dpr ACCESSION NO. ML060590191 OFFICE LPLI-1/PM LPLI-1/LA APLA/BC LPLI-1/BC NAME TColburn SLittle MRubin RLaufer DATE 3/02/06 3/02/06 3/02/06 3/02/06 OFFICIAL RECORD COPY

Beaver Valley Power Station, Unit Nos. 1 and 2 cc:

Gary R. Leidich James H. Lash President and Chief Nuclear Officer Vice President FirstEnergy Nuclear Operating Company FirstEnergy Nuclear Operating Company Mail Stop A-GO-19 Beaver Valley Power Station 76 South Main Street Mail Stop A-BV-SEB1 Akron, OH 44308 P.O. Box 4, Route 168 Shippingport, PA 15077 Joseph J. Hagan Senior Vice President of Operations Lew W. Myers and Chief Operating Officer Executive Vice President, Special Projects FirstEnergy Nuclear Operating Company FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 Beaver Valley Power Station 76 South Main Street Mail Stop A-BV-SGRP Akron, OH 44308 P.O. Box 4, Route 168 Shippingport, PA 15077 Danny L. Pace Senior Vice President, Fleet Engineering Manager, Site Regulatory Compliance FirstEnergy Nuclear Operating Company FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 Beaver Valley Power Station 76 South Main Street Mail Stop A-BV-A Akron, OH 44308 P.O. Box 4, Route 168 Shippingport, PA 15077 Jeannie M. Rinckel Vice President, Fleet Oversight Commissioner James R. Lewis FirstEnergy Nuclear Operating Company West Virginia Division of Labor Mail Stop A-GO-14 749-B, Building No. 6 76 South Main Street Capitol Complex Akron, OH 44308 Charleston, WV 25305 David W. Jenkins, Attorney Director, Utilities Department FirstEnergy Corporation Public Utilities Commission Mail Stop A-GO-18 180 East Broad Street 76 South Main Street Columbus, OH 43266-0573 Akron, OH 44308 Director, Pennsylvania Emergency Manager, Fleet Licensing Management Agency FirstEnergy Nuclear Operating Company 2605 Interstate Dr.

Mail Stop A-GHE-107 Harrisburg, PA 17110-9364 395 Ghent Road Akron, OH 44333 Ohio EPA-DERR ATTN: Zack A. Clayton P.O. Box 1049 Columbus, OH 43266-0149

Beaver Valley Power Station, Unit Nos. 1 and 2 (continued) cc:

Dr. Judith Johnsrud Environmental Coalition on Nuclear Power Sierra Club 433 Orlando Avenue State College, PA 16803 Director Bureau of Radiation Protection Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469 Mayor of the Borough of Shippingport P.O. Box 3 Shippingport, PA 15077 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 298 Shippingport, PA 15077