ML072200028

Westinghouse Electric Company, Request for Withholding Information from Public Disclosure for Seabrook Station, Unit No. 1

ML072200028
Person / Time
Site:	Seabrook
Issue date:	08/21/2007
From:	Geoffrey Miller NRC/NRR/ADRO/DORL/LPLI-2
To:	Gresham J Westinghouse
Miller G, NRR/DORL, 415-2481
References
LTR-SCS-07-14-P, TAC MD5110
Download: ML072200028 (5)

Text

August 21, 2007 Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SEABROOK STATION, UNIT NO. 1 (TAC NO. MD5110)

Dear Mr. Gresham:

By letter to the Nuclear Regulatory Commission (NRC) dated January 24, 2007, you submitted an affidavit also dated January 24, 2007, executed by Mr. B. F. Maurer, 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-SCS-07-14-P Attachment, January 2007, Engineering Report Seabrook Nuclear Power Station Turbine Trip without Reactor Trip Transient from the P-9 Setpoint Analysis (Proprietary)

A nonproprietary copy of this document 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:

(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.

(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.

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.

J. Gresham 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 301-415-2481.

Sincerely,

/ra/

G. Edward Miller, Project Manager Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-443 cc: See Next Page

J. Gresham 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 301-415-2481.

Sincerely,

/ra/

G. Edward Miller, Project Manager Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-443 cc: See Next Page Distribution:

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Accession Number: ML072200028 OFFICE LPL1-2/PM LPL1-2/LAit LPL2-1/LA DSS/SRXB/BC LPL1-2/BC LPL1-2/PM NAME GEMiller ABaxter MOBrien GCranston HChernoff GEMiller (REnnis for) (signature)

DATE 8/15/07 8/16/07 8/16/07 8/21/07 8/21/07 8/21/07 OFFICIAL RECORD COPY

Seabrook Station, Unit No. 1 cc:

Mr. J. A. Stall John Giarrusso Senior Vice President, Nuclear and Massachusetts Emergency Management Agency Chief Nuclear Officer 400 Worcester Road Florida Power & Light Company Framingham, MA 01702-5399 P.O. Box 14000 Juno Beach, FL 33408-0420 Ms. Kelly Ayotte, Attorney General Mr. Orvil Fitch, Deputy Attorney General Mr. Peter Brann 33 Capitol Street Assistant Attorney General Concord, NH 03301 State House, Station #6 Augusta, ME 04333 Mr. Christopher M. Pope, Director Homeland Security & Emergency Mgmt.

Resident Inspector New Hampshire Department of Safety U.S. Nuclear Regulatory Commission Bureau of Emergency Management Seabrook Nuclear Power Station 33 Hazen Drive P.O. Box 1149 Concord, NH 03301 Seabrook, NH 03874 Mr. M. S. Ross, Managing Attorney Town of Exeter Florida Power & Light Company 10 Front Street P.O. Box 14000 Exeter, NH 03823 Juno Beach, FL 33408-0420 Regional Administrator, Region I Mr. Rajiv S. Kundalkar U.S. Nuclear Regulatory Commission Vice President - Nuclear Technical Services 475 Allendale Road Florida Power & Light Company King of Prussia, PA 19406 P.O. Box 14000 Juno Beach, FL 33408-0420 Office of the Attorney General One Ashburton Place, 20th Floor James M. Peschel Boston, MA 02108 Regulatory Programs Manager FPL Energy Seabrook, LLC Board of Selectmen PO Box 300 Town of Amesbury Seabrook, NH 03874 Town Hall Amesbury, MA 01913 Ms. Marjan Mashhadi Senior Attorney Mr. Robert Poole Florida Power & Light Company Federal Emergency Management Agency 801 Pennsylvania Ave., NW Suite 220 Region I Washington, DC 20004 99 High Street, 6th Floor Boston, MA 02110 Mr. Tom Crimmins Polestar Applied Technology One First Street, Suite 4 Los Altos, CA 94019

Seabrook Station, Unit No. 1 cc:

Mr. Mark E. Warner Mr. Don E. Grissette Vice President, Nuclear Operations, Vice President, Nuclear Training and North Region Performance Improvement (Seabrook & Duane Arnold Plants) Florida Power & Light Company Florida Power & Light Company P.O. Box 14000 P.O. Box 14000 Juno Beach, FL 3340 Juno Beach, FL 33408-0420 Mr. Michael W. Kiley Mr. Gene F. St. Pierre Plant General Manager Site Vice President FPL Energy Seabrook, LLC FPL Energy Seabrook, LLC P.O. Box 300 P.O. Box 300 Seabrook, NH 03874 Seabrook, NH 03874 Mr. Joseph Roy Director of Operations Massachusetts Municipal Wholesale Electric Company Moody Street Ludlow, MA 01056 Updated 7.16.07