ML072420017

Request for Withholding Information from Public Disclosure in CS Innovations Topical Report 9100-00003-P for the Wolf Creek Generating Station

ML072420017
Person / Time
Site:	Wolf Creek
Issue date:	09/11/2007
From:	Donohew J NRC/NRR/ADRO/DORL/LPLIV
To:	Sorensen S CS Innovations
Donohew J N, NRR/DLPM,415-1307
References
TAC MD4839
Download: ML072420017 (4)

Text

September 11, 2007 Mr. Steen D. Sorensen President and Chief Executive Officer CS Innovations LLC 9150 E. Del Camino Suite 110 Scottsdale, AZ 85256

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE IN CS INNOVATIONS TOPICAL REPORT 9100-00003-P FOR THE WOLF CREEK GENERATING STATION (TAC NO. MD4839)

Dear Mr. Sorensen:

By letter dated March 9, 2007 (9100-00001), CS Innovations LLC (CSI) submitted an affidavit (9100-00002) dated March 12, 2007, executed by you, requesting that information designated proprietary in the topical report entitled, 9100-00003-P, "Wolf Creek Generating Station Main Steam and Feedwater Isolation System (MSFIS) Controls Summary," Revision 1, dated March 13, 2007, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. The topical report and the CSI letter are Enclosures I and III, respectively, to the [[letter::ET 07-0004, Technical Specifications, Revisions, Changes to TS 3.3.2 for Msfis I&C Digital Upgrade and Changes to TSs 3.7.2 and 3.7.3 for MSIV and Mfiv Replacement|letter dated March 14, 2007]] (ET 07-0004), from the Wolf Creek Nuclear Operating Corporation (WCNOC) to the Nuclear Regulatory Commission (NRC), for the Wolf Creek Generating Station.

A non-proprietary copy of the document designated 9100-00003-NP, Revision 1, also dated March 13, 2007, is Enclosure II to the above WCNOC [[letter::ET 07-0004, Technical Specifications, Revisions, Changes to TS 3.3.2 for Msfis I&C Digital Upgrade and Changes to TSs 3.7.2 and 3.7.3 for MSIV and Mfiv Replacement|letter dated March 14, 2007]]. This non-proprietary version has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room (ADAMS Accession No. ML070800198). The WCNOC [[letter::ET 07-0004, Technical Specifications, Revisions, Changes to TS 3.3.2 for Msfis I&C Digital Upgrade and Changes to TSs 3.7.2 and 3.7.3 for MSIV and Mfiv Replacement|letter dated March 14, 2007]], is at ADAMS Accession No. ML070800193.

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

Under that system, information is held in confidence if it falls in or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:

(a)

The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of CSI's competitors without license from CSI constitutes a competitive economic advantage over other companies.

S. D. Sorensen (c)

Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacturer, shipment, installation, assurance of quality, or licensing a similar product.

(e)

It reveals aspects of past, present, or future CSI or customer funded development plans and programs of potential economic value to CSI.

We have reviewed your application and the material designated as proprietary in CSI topical reports 919100-00003-P and 9100-00003-NP, Revision 1, dated March 13, 2007, 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 information marked as proprietary in CSI topical reports 9100-00003-P and 9100-00003-NP, Revision 1, dated March 13, 2007, 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) 415-1307.

Sincerely,

/RA/

Jack N. Donohew, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-482 cc: See next page

S. D. Sorensen (c)

Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacturer, shipment, installation, assurance of quality, or licensing a similar product.

(e)

It reveals aspects of past, present, or future CSI or customer funded development plans and programs of potential economic value to CSI.

We have reviewed your application and the material designated as proprietary in CSI topical reports 919100-00003-P and 9100-00003-NP, Revision 1, dated March 13, 2007, 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 information marked as proprietary in CSI topical reports 9100-00003-P and 9100-00003-NP, Revision 1, dated March 13, 2007, 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) 415-1307.

Sincerely,

/RA/

Jack N. Donohew, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-482 cc: See next page DISTRIBUTION:

PUBLIC LPLIV Reading RidsNrrPMJDonohew RidsNrrDorlDpr RidsNrrLAJBurkhardt RidsNrrDorl (CHaney/JLubinski)

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RidsAcrsAcnwMailCenter WKemper/NRR/DE/EICB PLoeser/EICB RidsRgn4MailCenter ADAMS ACCESSION NO.: ML072420017 OFFICE LPL4/PM LPL4/LA DE/EICB BC LPL4/BC NAME JDonohew Jburkhardt, TLH for WKemper Thiltz, MTM for DATE 8/30/07 8/30/07 9/4/07 9/11/07 OFFICIAL RECORD COPY

February 2006 Wolf Creek Generating Station cc:

Mr. Steen D. Sorensen President and Chief Executive Officer CS Innovations LLC 9150 E. Del Camino Suite 110 Scottsdale, AZ 85256 Jay Silberg, Esq.

Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, D.C. 20037 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 311 Burlington, KS 66839 Chief Engineer, Utilities Division Kansas Corporation Commission 1500 SW Arrowhead Road Topeka, KS 66604-4027 Office of the Governor State of Kansas Topeka, KS 66612 Attorney General 120 S.W. 10th Avenue, 2nd Floor Topeka, KS 66612-1597 County Clerk Coffey County Courthouse 110 South 6th Street Burlington, KS 66839 Chief, Radiation and Asbestos Control Section Kansas Department of Health and Environment Bureau of Air and Radiation 1000 SW Jackson, Suite 310 Topeka, KS 66612-1366 Vice President Operations/Plant Manager Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839 Supervisor Licensing Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839 U.S. Nuclear Regulatory Commission Resident Inspectors Office/Callaway Plant 8201 NRC Road Steedman, MO 65077-1032 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Post Office Box 411 Burlington, KS 66839