ML062440198

Request for Withholding Information from Public Disclosure (CAW-06-2118)

ML062440198
Person / Time
Site:	Waterford
Issue date:	10/12/2006
From:	Fields M NRC/NRR/ADRO/DORL/LPLIV
To:	Rickard I Westinghouse
Fields M, NRR/DORL, 415-3062
References
CAW-06-2118, TAC MC6421
Download: ML062440198 (5)

Text

October 12, 2006 Mr. I. C. Rickard, Licensing Project Manager Systems and Safety Analysis, Nuclear Services Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WATERFORD STEAM ELECTRIC STATION, UNIT 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAW-06-2118) (TAC NO. MC6421)

Dear Mr. Rickard:

By letter dated March 22, 2006, Entergy Operations, Inc. (Entergy), submitted an affidavit dated March 21, 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) Section 2.390:

Responses to NRC Requests for Additional Information on WCAP-16208-P, Rev. 1, "NDE Inspection Length for CE [Combustion Engineering] Steam Generator Tubesheet Region Explosive Expansions," for Waterford Steam Electric Station Unit 3 A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commissions (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:

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

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

Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

(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.

I. Rickard (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 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 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 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.

I. Rickard If you have any questions regarding this matter, I may be reached at 301-415-3062.

Sincerely,

/RA/

Mel B. Fields, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-382 cc: See next page

I. Rickard If you have any questions regarding this matter, I may be reached at 301-415-3062.

Sincerely,

/RA/

Mel B. Fields, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-382 cc: See next page DISTRIBUTION PUBLIC RidsNrrDciCsgb RidsNrrDorlLpl4 LPLIV Reading RidsNrrLALFeizollahi RidsNrrPMMFields RidsRgn4MailCenter RidsOgcMailCenter RidsAcrsAcnwMailCenter Accession Number: ML062440198 NRR-084 OFFICE LPL4/GE LPL4/LA LPL4/PM CSGB/BC LPL4/BC NAME LWilkins LFeizollahi MFields AHiser DTerao DATE 9/14/06 9/8/06 9/14/06 9/25/06 10/12/06 OFFICIAL RECORD COPY

Waterford Steam Electric Station, Unit 3 cc:

Vice President Operations Support Regional Administrator, Region IV Entergy Operations, Inc. U.S. Nuclear Regulatory Commission P. O. Box 31995 611 Ryan Plaza Drive, Suite 400 Jackson, MS 39286-1995 Arlington, TX 76011 Director Parish President Council Nuclear Safety Assurance St. Charles Parish Entergy Operations, Inc. P. O. Box 302 17265 River Road Hahnville, LA 70057 Killona, LA 70066-0751 Executive Vice President Wise, Carter, Child & Caraway & Chief Operating Officer P. O. Box 651 Entergy Operations, Inc.

Jackson, MS 39205 P. O. Box 31995 Jackson, MS 39286-1995 General Manager Plant Operations Waterford 3 SES Chairman Entergy Operations, Inc. Louisiana Public Services Commission 17265 River Road P. O. Box 91154 Killona, LA 70066-0751 Baton Rouge, LA 70825-1697 Licensing Manager Richard Penrod, Senior Environmental Scientist Entergy Operations, Inc. State Liaison Officer 17265 River Road Office of Environmental Services Killona, LA 70066-0751 Northwestern State University Russell Hall, Room 201 Winston & Strawn LLP Natchitoches, LA 71497 1700 K Street, N.W.

Washington, DC 20006 Mr. Joseph E. Venable Vice President Operations Resident Inspector/Waterford NPS Entergy Operations, Inc.

P. O. Box 822 17265 River Road Killona, LA 70066-0751 Killona, LA 70066-0751 May 2006