ML062060612

Letter, Request for Withholding Information from Public Disclosure, Steam Generator Tube Alternate Repair Criteria for the Portion of Tube within the Tubesheet at Vogtle, 1 & 2, for One Cycle Application

ML062060612
Person / Time
Site:	Vogtle
Issue date:	08/18/2006
From:	Gratton C NRC/NRR/ADRO/DORL/LPLII-1
To:	Gresham J Westinghouse
Gratton C, NRR/DORL 415-1055
References
TAC MC2643, TAC MD2642
Download: ML062060612 (5)

Text

August 18, 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. MD2642 AND MD2643)

Dear Mr. Gresham:

By letter dated July 20, 2006, Westinghouse Electric Company submitted an affidavit dated July 12 2006, 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:

LTR-CDME-06-58-P, Rev. 1, "Steam Generator Tube Alternate Repair Criteria for the Portion of the Tube Within the Tubesheet at the Vogtle 1 and 2 Electric Generating Plant for One Cycle Application," dated July 2006 (Proprietary)

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commissions (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, LTR-CDME-06-58-P, Rev. 1, "Steam Generator Tube Alternate Repair Criteria for the Portion of the Tube Within the Tubesheet at the Vogtle 1 and 2 Electric Generating Plant for One Cycle Application," dated July 2006, 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 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, LTR-CDME-06-58-P, Rev. 1, "Steam Generator Tube Alternate Repair Criteria for the Portion of the Tube Within the Tubesheet at the Vogtle 1 and 2 Electric Generating Plant for One Cycle Application," dated July 2006, 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 RidsOgcRp RidsNrrDorlLpl2-1(EMarinos) RidsNrrLAOBrien RidsAcrsAcnwMailCenter RidsNrrPMCGratton RidsRgn2MailCenter(SShaeffer) RidsNrrDorlDpr(BSingal)

AHiser, NRR KKarwoski, NRR ACCESSION NO. ML062060612 NRR-106 OFFICE NRR/LPL2-1/PM NRR/LPL2-1/LA NRR/CSGB/BC NRR/LPL2-1/BC NAME CGratton:ckg MOBrien AHiser EMarinos DATE 8/16/06 8/3/06 8/3/06 8/18/06 OFFICIAL RECORD COPY

Vogtle Electric Generating Plant, Units 1 & 2 cc:

Mr. N. J. Stringfellow Attorney General Manager, Licensing Law Department Southern Nuclear Operating Company, Inc. 132 Judicial Building P.O. Box 1295 Atlanta, GA 30334 Birmingham, AL 35201-1295 Mr. Laurence Bergen Mr. T. E. Tynan, General Manager Oglethorpe Power Corporation Vogtle Electric Generating Plant 2100 East Exchange Place Southern Nuclear Operating Company, Inc. P.O. Box 1349 7821 River Road Tucker, GA 30085-1349 Waynesboro, GA 30830 Arthur H. Domby, Esquire Mr. Jeffrey T. Gasser Troutman Sanders Executive Vice President Nations Bank Plaza Southern Nuclear Operating Company, Inc. 600 Peachtree Street, NE P.O. Box 1295 Suite 5200 Birmingham, AL 35201-1295 Atlanta, GA 30308-2216 Mr. Steven M. Jackson Resident Inspector Senior Engineer - Power Supply Vogtle Plant Municipal Electric Authority of Georgia 8805 River Road 1470 Riveredge Parkway, NW Waynesboro, GA 30830 Atlanta, GA 30328-4684 Office of the County Commissioner Mr. Reece McAlister Burke County Commission Executive Secretary Waynesboro, GA 30830 Georgia Public Service Commission 244 Washington St., SW Mr. D. E. Grissette, Vice President Atlanta, GA 30334 Southern Nuclear Operating Company, Inc.

P.O. Box 1295 Mr. Harold Reheis, Director Birmingham, AL 35201-1295 Department of Natural Resources 205 Butler Street, SE, Suite 1252 Atlanta, GA 30334