ML061800364

Westinghouse Electric Company, Request for Withholding Information from Public Disclosure for Vogtle Electric Generating Plant, Units 1 and 2

ML061800364
Person / Time
Site:	Vogtle
Issue date:	06/28/2006
From:	Gratton C Plant Licensing Branch III-2
To:	Gresham J Westinghouse
Gratton C, NRR, DORL, 415-1055
References
TAC MD1805, TAC MD1806
Download: ML061800364 (4)

Text

June 28, 2006 Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR VOGTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2 (TAC NOS. MD1805 AND MD1806)

Dear Mr. Gresham:

By letter dated June 2, 2006, 2006, Westinghouse Electric Company submitted an affidavit also dated June 2, 2006, executed by Mr. J. A. Gresham, 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) Section 2.390:

WCAP-16493-P, Revision 0, Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation: Vogtle Units 1 and 2, November 2005 (Proprietary)

A nonproprietary copy of this document has been placed in the 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:

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

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

J. Gresham 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 information in the document entitled, WCAP-16493-P, Revision 0, Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation: Vogtle Units 1 and 2, November 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.

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, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-424 and 50-425 cc: See next page

J. Gresham June 28, 2006 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 information in the document entitled, WCAP-16493-P, Revision 0, Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation: Vogtle Units 1 and 2, November 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.

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, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-424 and 50-425 cc: See next page DISTRIBUTION PUBLIC LPL2-1 r/f RidsNrrDorlLplc (EMarinos)

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ACCESSION NO. ML061800364 OFFICE NRR/LPL2-1/PM NRR/LPL2-1/LA NRR/CPNB/BC NRR/LPL2-1/BC NAME CGratton MOBrien TChan EMarinos DATE 06/19/06 06/16/06 06/20/06 06/28/06 OFFICIAL RECORD COPY

Edwin I. Hatch Nuclear Plant, Unit Nos. 1 & 2 cc:

Laurence Bergen Chairman Oglethorpe Power Corporation Appling County Commissioners 2100 E. Exchange Place County Courthouse P.O. Box 1349 Baxley, GA 31513 Tucker, GA 30085-1349 Mr. Jeffrey T. Gasser Mr. R. D. Baker Executive Vice President Manager - Licensing Southern Nuclear Operating Company, Inc.

Southern Nuclear Operating Company, Inc. P.O. Box 1295 P.O. Box 1295 Birmingham, AL 35201-1295 Birmingham, AL 35201-1295 Mr. Dennis R. Madison, General Manager Resident Inspector Edwin I. Hatch Nuclear Plant Plant Hatch Southern Nuclear Operating Company, Inc.

11030 Hatch Parkway N. U.S. Highway 1 North Baxley, GA 31531 P.O. Box 2010 Baxley, GA 31515 Harold Reheis, Director Department of Natural Resources Mr. K. Rosanski 205 Butler Street, SE., Suite 1252 Resident Manager Atlanta, GA 30334 Oglethorpe Power Corporation Edwin I. Hatch Nuclear Plant Steven M. Jackson P.O. Box 2010 Senior Engineer - Power Supply Baxley, GA 31515 Municipal Electric Authority of Georgia 1470 Riveredge Parkway, NW Mr. L. M. Stinson Atlanta, GA 30328-4684 Vice President - Nuclear Hatch Project Southern Nuclear Operating Company, Inc.

Mr. Reece McAlister P.O. Box 1295 Executive Secretary Birmingham, AL 35201-1295 Georgia Public Service Commission 244 Washington St., SW Atlanta, GA 30334 Arthur H. Domby, Esq.

Troutman Sanders Nations Bank Plaza 600 Peachtree St, NE, Suite 5200 Atlanta, GA 30308-2216