ML072420135

Request for Withholding Information from Public Disclosure in Three CS Innovations Topical Reports Submitted April 18, 2007 for Wolf Creek Generating Station

ML072420135
Person / Time
Site:	Wolf Creek
Issue date:	11/07/2007
From:	Donohew J NRC/NRR/ADRO/DORL/LPLIV
To:	Muench R Wolf Creek
Donohew J N, NRR/DLPM,415-1307
References
TAC MD4839
Download: ML072420135 (6)

Text

November 7, 2007 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Post Office Box 411 Burlington, KS 66839

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE IN THREE CS INNOVATIONS TOPICAL REPORTS SUBMITTED APRIL 18, 2007, FOR WOLF CREEK GENERATING STATION (TAC NO. MD4839)

Dear Mr. Muench:

By three letters dated April 6, 2007 (designated 9100-00004, 9100-00006, and 9100-00008),

CS Innovations LLC (CSI) submitted three affidavits (designated 9100-00005, 9100-00007, and 9100-00009) dated April 12, 2007, executed by Steen D. Sorensen, President and CEO, CSI, requesting that information designated proprietary in the following three topical reports be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

1. 6000-00000, "ALS [Advanced Logic System] Level-1 System Specification, Revision 1, dated April 6, 2007,

2. 6101-00002, "MSFIS [Main Steam and Feedwater Isolation System] System Specification, Wolf Creek Generating Station, Revision 0.96, dated April 6, 2007, and

3. 6000-00010, "ALS Design Tools, Revision 0.8, dated April 6, 2007.

The topical reports and the CSI letters are Enclosures IV, V, IX, X, XII and XIII, respectively, to the letter dated April 18, 2007 (ET 07-0008), from the Wolf Creek Nuclear Operating Corporation (WCNOC) to the Nuclear Regulatory Commission (NRC), for the Wolf Creek Generating Station.

Non-proprietary versions of the above documents were not submitted for placement in the NRC Public Document Room and the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room. In its letter dated April 18, 2007, WCNOC stated that only proprietary versions of the reports were submitted because non-proprietary versions would be of no value to the public due the extent of the proprietary information in these reports.

Based on its review of these reports, the NRC staff agrees with WCNOC and concludes that it is not practical to have a non-proprietary copy of the reports when so few pages of the reports, like the table of contents, and the list of acronyms and units of measurements, may be non-proprietary.

R. A. Muench The affidavits 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 CSI's competitors without license from CSI constitutes a competitive economic advantage over other companies.

(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, manufacturer, shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals costs or price information, production capacities, budget levels, or commercial strategies of CSI, its customers or suppliers.

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

(f) It contains patentable ideas, for which patent protection may be desirable.

We have reviewed the affidavits and the material designated as proprietary in the three CSI topical reports listed on the previous page in accordance with the requirements of 10 CFR 2.390. Although the three CSI reports do not identify which ones of the above six reasons are the basis for which the information in the three reports should be withheld from the public, the NRC staff has determined that at least reasons (a), (c), and (e) above apply to the information in the three reports. Therefore, although in the future each page of a proprietary report should show which of the six reasons above specifically apply to the information on that page sought to be withheld from the public, on the basis of the statements in the affidavits, the NRC staff has determined that the submitted reports sought to be withheld contain proprietary commercial information and should be withheld from public disclosure. Therefore, this information 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.

Therefore, the information marked as proprietary in (1) CSI report 6000-00000, "ALS Level-1 System Specification, Revision 1, dated April 6, 2007; (2) CSI report 6101-00002, "MSFIS System Specification, Wolf Creek Generating Station, Revision 0.96, dated April 6, 2007; and (3) CSI report 6000-00010, "ALS Design Tools, Revision 0.8, dated April 6, 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.

R. A. Muench 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: Steen D. Sorensen, CSI See next page

ML072420135 OFFICE LPL4/PM LPL4/LA DE/EICB BC LPL4/BC NAME JDonohew JBurkhardt WKemper THiltz DATE 9/11/07 9/11/07 9/17/07 11/7/07 Wolf Creek Generating Station cc:

Mr. Steen D. Sorensen County Clerk President and Chief Executive Officer Coffey County Courthouse CS Innovations LLC 110 South 6th Street 9150 E. Del Camino Burlington, KS 66839 Suite 110 Scottsdale, AZ 85256 Chief, Radiation and Asbestos Control Section Jay Silberg, Esq. Kansas Department of Health Pillsbury Winthrop Shaw Pittman LLP and Environment 2300 N Street, NW Bureau of Air and Radiation Washington, D.C. 20037 1000 SW Jackson, Suite 310 Topeka, KS 66612-1366 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Vice President Operations/Plant Manager 611 Ryan Plaza Drive, Suite 400 Wolf Creek Nuclear Operating Corporation Arlington, TX 76011 P.O. Box 411 Burlington, KS 66839 Senior Resident Inspector U.S. Nuclear Regulatory Commission Supervisor Licensing P.O. Box 311 Wolf Creek Nuclear Operating Corporation Burlington, KS 66839 P.O. Box 411 Burlington, KS 66839 Chief Engineer, Utilities Division Kansas Corporation Commission U.S. Nuclear Regulatory Commission 1500 SW Arrowhead Road Resident Inspectors Office/Callaway Plant Topeka, KS 66604-4027 8201 NRC Road Steedman, MO 65077-1032 Office of the Governor State of Kansas Topeka, KS 66612 Attorney General 120 S.W. 10th Avenue, 2nd Floor Topeka, KS 66612-1597 February 2006