ML071350529

Westinghouse Electric Company Request for Withholding Information from Public Disclosure for Salem Nuclear Generating Station, Unit Nos. 1 and 2

ML071350529
Person / Time
Site:	Salem
Issue date:	05/22/2007
From:	Richard Ennis NRC/NRR/ADRO/DORL/LPLI-2
To:	Levis W Public Service Enterprise Group
Ennis R, NRR/DORL, 415-1420
References
TAC MD3171, TAC MD3172
Download: ML071350529 (4)

Text

May 22, 2007 Mr. William Levis Senior Vice President & Chief Nuclear Officer PSEG Nuclear LLC - N09 Post Office Box 236 Hancocks Bridge, NJ 08038

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SALEM NUCLEAR GENERATING STATION, UNIT NOS. 1 AND 2 (TAC NOS. MD3171 AND MD3172)

Dear Mr. Levis:

By PSEG Nuclear LLC (PSEG) letter LR-N07-0086 dated May 14, 2007, and Westinghouse Electric Company (Westinghouse) affidavit CAW-07-2277, executed by B. F. Maurer, dated May 10, 2007 (Attachment 1A to letter LR-N07-0086), you requested 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:

PSEG Response to NRC [Nuclear Regulatory Commission] Request for Additional Information Regarding Request for Amendment to Salem Generating Station Unit 1 and 2 Technical Specifications - Topical Report References in Technical Specification 6.9.1.9, Core Operating Limits Report (Attachment 1B to letter LR-N07-0086)

A nonproprietary copy of this document (Attachment 2 to letter LR-N07-0086), 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:

(4)(ii)(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.

(4)(ii)(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 of a similar product.

W. Levis We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, 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.

If you have any questions regarding this matter, I may be reached at 301-415-1420.

Sincerely,

/RA/

Richard B. Ennis, Senior Project Manager Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-272 and 50-311 cc: See next page

ML071350529 OFFICE LPL1-2/PM LPL1-1/LA LPL1-2/BC NAME REnnis SLittle HChernoff DATE Salem Nuclear Generating Station, Unit Nos. 1 and 2 cc:

Mr. Dennis Winchester Mr. Paul Bauldauf, P.E., Asst. Director Vice President - Nuclear Assessment Radiation Protection Programs PSEG Nuclear NJ Department of Environmental P.O. Box 236 Protection and Energy Hancocks Bridge, NJ 08038 CN 415 Trenton, NJ 08625-0415 Mr. Thomas P. Joyce Site Vice President - Salem Mr. Brian Beam PSEG Nuclear Board of Public Utilities P.O. Box 236 2 Gateway Center, Tenth Floor Hancocks Bridge, NJ 08038 Newark, NJ 07102 Mr. George H. Gellrich Regional Administrator, Region I Plant Support Manager U.S. Nuclear Regulatory Commission PSEG Nuclear 475 Allendale Road P.O. Box 236 King of Prussia, PA 19406 Hancocks Bridge, NJ 08038 Senior Resident Inspector Mr. Carl J. Fricker Salem Nuclear Generating Station Plant Manager - Salem U.S. Nuclear Regulatory Commission PSEG Nuclear - N21 Drawer 0509 P.O. Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Mr. B. F. Maurer, Acting Manager Mr. James Mallon Regulatory Compliance and Plant Licensing Manager - Licensing Westinghouse Electric Company 200 Exelon Way, KSA 3-E P.O. Box 355 Kennett Square, PA 19348 Pittsburgh, PA 15230-0355 Mr. Steven Mannon Manager - Regulatory Assurance P.O. Box 236 Hancocks Bridge, NJ 08038 Jeffrie J. Keenan, Esquire PSEG Nuclear - N21 P.O. Box 236 Hancocks Bridge, NJ 08038 Township Clerk Lower Alloways Creek Township Municipal Building, P.O. Box 157 Hancocks Bridge, NJ 08038