ML071900429

Request for Withholding Information from Public Disclosure

ML071900429
Person / Time
Site:	Watts Bar
Issue date:	08/10/2007
From:	Moroney B NRC/NRR/ADRO/DORL/LPLII-2
To:	Campbell W Tennessee Valley Authority
Moroney B, NRR/DORL, 415-3974
References
TAC MD5880, WCAP-15376, WCAP-15376-P-A, Rev 1
Download: ML071900429 (5)

Text

August 10 ,2007 Mr. William R. Campbell, Jr.

Chief Nuclear Officer and Executive Vice President Tennessee Valley Authority 6A Lookout Place 1101 Market Street Chattanooga, TN 37402-2801

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD5880)

Dear Mr. Campbell:

By letter dated June 8, 2007, the Tennessee Valley Authority (TVA) submitted Affidavit CAW-07-2275 dated June 7, 2007, executed by Mr. J. A. Gresham of the Westinghouse Electric Company LLC, 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:

WCAP-15376 Implementation Guideline for WCAP-15376-P-A, Rev. 1, "Approach to Address the Conditions and Limitations in the NRC's Safety Evaluation" (Proprietary)

A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commission's (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 is not customarily disclosed to the public.

(iii) The information is being transmitted to the NRC in confidence and, under the provisions of 10 CFR Section 2.390, it is to be received in confidence by the NRC.

(iv) The information sought to be protected 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 and belief.

(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in WCAP-15376 Implementation Guideline for WCAP-15376-P-A, Rev. 1, "Approach to Address the Conditions and Limitations in the NRC's Safety Evaluation" (Proprietary) on behalf of the Pressurized Water

Reactor Owners Group, being transmitted by TVA Watts Bar Nuclear Power Plant Unit 1 letter and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information is expected to be applicable for other licensee submittals.

This information is part of that which will enable Westinghouse to:

(a) Provide risk-informed assessment of the Reactor Trip System and Engineered Safety Fracture Actuation System to extend the interval for surveillance testing.

(b) Provide licensing defense services.

(vi) This information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use of similar information to its customers for purposes of extending surveillance testing intervals.

(b) Westinghouse can sell licensing support and defense of extending surveillance testing intervals.

(c) 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 assessments 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.

(d) The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort, and the expenditure of a considerable sum of money.

(e) In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed, which would involve a significant manpower effort, and possibly having to acquire the requisite talent and experience.

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 about this material, please contact me at (301) 415-3974.

Sincerely,

/RA/

Brendan T. Moroney, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-390 cc: J. A. Gresham, Westinghouse Plant Mailing List

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 about this material, please contact me at (301) 415-3974.

Sincerely,

/RA/

Brendan T. Moroney, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-390 cc: J. A. Gresham, Westinghouse Plant Mailing List DISTRIBUTION:

PUBLIC LPL2-2 r/f RidsOgcRp RidsNrrDorlDpr RidsAcrsAcnwMailCenter RidsNrrDorlLPL2-2 RidsNrrLACSola RidsNrrPMBMoroney RidsRgn2MailCenter RidsNrrDeEicb RidsNrrDraApla ADAMS Accession Number: ML071900429 NRR-106 OFFICE LPL2-2/PM LPL2-2/LA APLA/BC EICB/BC(A) LPL2-2/BC NAME BMoroney RSola MRubin WKemper TBoyce DATE 07/10/07 07/10/07 08/03/07 07/30/07 08/10/07 OFFICIAL RECORD COPY

William R. Campbell, Jr.

Tennessee Valley Authority WATTS BAR NUCLEAR PLANT cc:

Mr. Ashok S. Bhatnagar Ms. Beth A. Wetzel, Manager Senior Vice President Corporate Nuclear Licensing and Nuclear Generation Development Industry Affairs and Construction Tennessee Valley Authority Tennessee Valley Authority 4X Blue Ridge 6A Lookout Place 1101 Market Street 1101 Market Street Chattanooga, TN 37402-2801 Chattanooga, TN 37402-2801 Mr. James D. Smith, Acting Manager Mr. Preston D. Swafford Licensing and Industry Affairs Senior Vice President Watts Bar Nuclear Plant Nuclear Support Tennessee Valley Authority Tennessee Valley Authority P.O. Box 2000 6A Lookout Place Spring City, TN 37381 1101 Market Street Chattanooga, TN 37402-2801 Mr. Michael J. Lorek, Plant Manager Watts Bar Nuclear Plant Mr. Walter M. Justice II Tennessee Valley Authority Interim Vice President P.O. Box 2000 Nuclear Engineering & Technical Services Spring City, TN 37381 Tennessee Valley Authority 6A Lookout Place Senior Resident Inspector 1101 Market Street Watts Bar Nuclear Plant Chattanooga, TN 37402-2801 U.S. Nuclear Regulatory Commission 1260 Nuclear Plant Road Mr. Michael D. Skaggs, Site Vice President Spring City, TN 37381 Watts Bar Nuclear Plant Tennessee Valley Authority County Executive P.O. Box 2000 375 Church Street Spring City, TN 37381 Suite 215 Dayton, TN 37321 General Counsel Tennessee Valley Authority County Mayor 6A West Tower P. O. Box 156 400 West Summit Hill Drive Decatur, TN 37322 Knoxville, TN 37902 Mr. Lawrence E. Nanney, Director Mr. John C. Fornicola, Manager Division of Radiological Health Nuclear Assurance Dept. of Environment & Conservation Tennessee Valley Authority Third Floor, L and C Annex 6A Lookout Place 401 Church Street 1101 Market Street Nashville, TN 37243-1532 Chattanooga, TN 37402-2801 Ms. Ann P. Harris Mr. Robert H. Bryan, Jr., General Manager 341 Swing Loop Road Licensing and Industry Affairs Rockwood, TN 37854 Tennessee Valley Authority 4X Blue Ridge 1101 Market Street Chattanooga, TN 37402-2801