ML062180077

Proprietary Letter, Request for Withholding Information from Public Disclosure, Containment Sump Modifications

ML062180077
Person / Time
Site:	Watts Bar
Issue date:	08/11/2006
From:	Pickett D NRC/NRR/ADRO/DORL/LPLII-2
To:	Singer K Tennessee Valley Authority
Pickett D, NRR/DORL, 415-1364
References
TAC MC4730
Download: ML062180077 (4)

Text

August 11, 2006 Mr. Karl W. Singer Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, Tennessee 37402-2801

SUBJECT:

WATTS BAR NUCLEAR PLANT, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MC4730)

Dear Mr. Singer:

By letter dated July 3, 2006, the Tennessee Valley Authority submitted a response to the Nuclear Regulatory Commissions request for additional information concerning the staffs audit of the containment sump modifications at the Watts Bar Nuclear Plant, Unit 1. This letter included an affidavit dated June 14, 2006, executed by B. F. Maurer, and an affidavit dated June 29, 2006, executed by J. A. Gresham, in which you requested that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Calculation FSDA-C-597, Watts Bar RHRP NPSH From the Sump, Response to NRC Request for Additional Information, Watts Bar Nuclear Plant, Unit 1, Docket No. 50-390 (Proprietary)

LTR-SEE-06-118, Revision 1 P-Attachment, Watts Bar Unit 1 ECCS Analysis Report, dated June 2006 (Proprietary)

The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(i) The information 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.

(iii) The information is being transmitted to the NRC in confidence under the provisions of 10 CFR 2.390.

(iv) The information is not available in public sources or available information has not been previously employed in the same original manner or method to the best of Westinghouses knowledge or belief.

K. Singer (v) Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar design modifications, bases, and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

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 Calculation FSDA-C-597, Watts Bar RHRP NPSH From the Sump, Response to NRC Request for Additional Information, Watts Bar Nuclear Plant, Unit 1, Docket No. 50-390 marked as proprietary and the LTR-SEE-06-118, Revision 1 P-Attachment, Watts Bar Unit 1 ECCS Analysis Report, dated June 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.

Sincerely,

/RA/

Douglas V. Pickett, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-390 cc: See next page

K. Singer (v) Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar design modifications, bases, and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

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 Calculation FSDA-C-597, Watts Bar RHRP NPSH From the Sump, Response to NRC Request for Additional Information, Watts Bar Nuclear Plant, Unit 1, Docket No. 50-390 marked as proprietary and the LTR-SEE-06-118, Revision 1 P-Attachment, Watts Bar Unit 1 ECCS Analysis Report, dated June 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.

Sincerely,

/RA/

Douglas V. Pickett, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-390 cc: See next page Distribution:

PUBLIC RidsNRRDorlLpl2-2 RidsNrrPMDPickett PDII-2 r/f RidsNrrLACSola RidsAcrsAcnwMailCenter RidsRgn2MailCenter RidsNrrDssSsib ADAMS ACCESSION NO. ML062180077 NRR-084 OFFICE LPD2-2/PM LPD2-2/LA SSIB/BC LPD2-2/BC NAME DPickett RSola RArchitzel for LRaghavan MScott DATE 8/8/06 8/8/06 8/9/06 8/11/06 OFFICIAL RECORD COPY

Mr. Karl W. Singer Tennessee Valley Authority WATTS BAR NUCLEAR PLANT cc:

Mr. Ashok S. Bhatnagar, Senior Vice President Mr. Paul L. Pace, Manager Nuclear Operations Licensing and Industry Affairs Tennessee Valley Authority Watts Bar Nuclear Plant 6A Lookout Place Tennessee Valley Authority 1101 Market Street P.O. Box 2000 Chattanooga, TN 37402-2801 Spring City, TN 37381 Mr. Larry S. Bryant, Vice President Mr. Jay Laughlin, Plant Manager Nuclear Engineering & Technical Services Watts Bar Nuclear Plant Tennessee Valley Authority Tennessee Valley Authority 6A Lookout Place P.O. Box 2000 1101 Market Street Spring City, TN 37381 Chattanooga, TN 37402-2801 Senior Resident Inspector Mr. Robert J. Beecken, Vice President Watts Bar Nuclear Plant Nuclear Support U.S. Nuclear Regulatory Commission Tennessee Valley Authority 1260 Nuclear Plant Road 6A Lookout Place Spring City, TN 37381 1101 Market Street Chattanooga, TN 37402-2801 County Executive 375 Church Street Mr. Michael D. Skaggs Suite 215 Site Vice President Dayton, TN 37321 Watts Bar Nuclear Plant Tennessee Valley Authority County Mayor P.O. Box 2000 P. O. Box 156 Spring City, TN 37381 Decatur, TN 37322 General Counsel Mr. Lawrence E. Nanney, Director Tennessee Valley Authority Division of Radiological Health ET 11A Dept. of Environment & Conservation 400 West Summit Hill Drive Third Floor, L and C Annex Knoxville, TN 37902 401 Church Street Nashville, TN 37243-1532 Mr. John C. Fornicola, Manager Nuclear Assurance and Licensing Ms. Ann P. Harris Tennessee Valley Authority 341 Swing Loop Road 6A Lookout Place Rockwood, Tennessee 37854 1101 Market Street Chattanooga, TN 37402-2801 Mr. Glenn W. Morris, Manager Corporate Nuclear Licensing and Industry Affairs Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801