ML062050099
| ML062050099 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 08/03/2006 |
| From: | Lyon C NRC/NRR/ADRO/DORL/LPLIII-1 |
| To: | Maurer B Westinghouse |
| Carl Lyon, LPL3-1 | |
| References | |
| TAC MD2583 | |
| Download: ML062050099 (4) | |
Text
August 3, 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 1 (TAC NO. MD2583)
Dear Mr. Maurer:
By letter to the U.S. Nuclear Regulatory Commission (NRC) dated July 11, 2006, Nuclear Management Company, LLC (NMC), submitted an affidavit (CAW-06-2139) dated May 9, 2006, executed by I. C. Rickard 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-05-201-P, Rev.1, Limited Inspection of the Steam Generator Tube Portion within the Tubesheet at Point Beach Unit 1" The document is included in Enclosure 5 to NMC's letter to the NRC dated July 11, 2006.
A nonproprietary copy (LTR-CDME-05-201-NP, Rev.1) of Enclosure 5 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
B. Maurer commercial strategies of Westinghouse, its customers or suppliers.
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. 50-266 cc: See next page
B. Maurer August 3, 2006 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. 50-266 cc: See next page DISTRIBUTION:
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NAME FLyon:ca DClarke*
MMurphy DATE 8/3/06 8/2/06 8/3/06 OFFICIAL RECORD COPY