ML073130029

Request for Withholding Information from Public Disclosure Power Stretch Uprate (C. Savage, Westinghouse 10/23/07 Affidavit)

ML073130029
Person / Time
Site:	Comanche Peak
Issue date:	11/20/2007
From:	Balwant Singal NRC/NRR/ADRO/DORL/LPLIV
To:	Blevins M Luminant Generation Co
Singal, Balwant, 415-3016, NRR/DORL/LPL4
References
TAC MD6615, TAC MD6616
Download: ML073130029 (4)

Text

November 20, 2007 Mr. M. R. Blevins Executive Vice President

& Chief Nuclear Officer Luminant Generation Company LLC ATTN: Regulatory Affairs P.O. Box 1002 6322 North FM 56 Glen Rose, TX 76043

SUBJECT:

COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MD6615 AND MD6616)

Dear Mr. Blevins:

By letter dated October 24, 2007, Mr. Fred W. Madden, Director, Oversight and Regulatory Affairs, TXU Generation Company LP, subsequently renamed Luminant Generation Company LLC, (the licensee), submitted an affidavit, executed by Mr. C. Savage, Director, Systems and Safety Analysis, for Westinghouse Electric Company LLC (Westinghouse), dated October 23, 2007, requesting that the information designated as proprietary in WPT-17046, Power Uprate Project Response to NRC [U.S. Nuclear Regulatory Commission] Request for Transmittal of Information, for the Comanche Peak Steam Electric Station (CPSES), Units 1 and 2, be withheld from the public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. The "Power Uprate Project Response to NRC Request for Transmittal of Information" (WPT-17046) and the Westinghouse letter are Attachment 2 and, respectively, to the licensees letter dated October 24, 2007. Attachment 1 to the letter provided as the non-proprietary version of the above document contains no information because all the GOTHIC input data files are designated as proprietary.

The October 23, 2007, affidavit by Mr. C. Savage (supplemented by Westinghouse letter dated November 6, 2007) stated that the submitted information should be considered exempt from the mandatory public disclosure pursuant to 10 CFR 2.390(b)(4)(ii) for the following reason:

(c)

Use by our competitor would put Westinghouse at a competitive disadvantage by reducing its expenditure of resources at our expense.

We have reviewed the affidavits and the material designated as proprietary in accordance with the requirements of 10 CFR 2.390. Although the proprietary version of the document does not identify the reasons for which the information should be withheld from public disclosurein the future, each page containing proprietary information should indicate specifically the applicable reasons for withholding the information from the public disclosurethe supplemental Westinghouse letter dated November 6, 2007, stated that it should be withheld from public disclosure for reason (c) stated above. Therefore, on the basis of the statements in the affidavit, the NRC staff has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore,

M. R. Blevins 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.

A non-proprietary copy of the document designated as WPT-17046, and provided as to the letter dated October 24, 2007, has been placed in the NRCs Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room.

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) 415-3016.

Sincerely,

/RA/

Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: See next page

M. R. Blevins 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.

A non-proprietary copy of the document designated as WPT-17046, and provided as to the letter dated October 24, 2007, has been placed in the NRCs Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room.

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) 415-3016.

Sincerely,

/RA/

Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: See next page DISTRIBUTION:

PUBLIC LPLIV Reading RidsAcrsAcnwMailCenter RidsNrrDorlDpr RidsNrrDorlLpl4 RidsNrrPMBSingal RidsNrrLAJBurkhardt RidsOgcRp RidsRgn4MailCenter RidsNrrDssScvb (Dennig)

NKaripineni, NRR/DSS/SCVB ADAMS Accession No.: ML073130029

• Concurrence via e-mail OFFICE NRR/LPL4/PM NRR/DSS/SCVB/BC NRR/LPL4/LA NRR/LPL4/BC NAME BSingal RDennig*

JBurkhardt THiltz, JND for DATE 11/20/07 11/8/07 11/20/07 11/20/07 OFFICIAL AGENCY RECORD

Comanche Peak Steam Electric Station cc:

Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 2159 Glen Rose, TX 76403-2159 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Mr. Fred W. Madden, Director Regulatory Affairs Luminant Generation Company LLC P.O. Box 1002 Glen Rose, TX 76043 Timothy P. Matthews, Esq.

Morgan Lewis 1111 Pennsylvania Avenue, NW Washington, DC 20004 County Judge P.O. Box 851 Glen Rose, TX 76043 Environmental and Natural Resources Policy Director Office of the Governor P.O. Box 12428 Austin, TX 78711-3189 Mr. Richard A. Ratliff, Chief Bureau of Radiation Control Texas Department of Health 1100 West 49th Street Austin, TX 78756-3189 Mr. Brian Almon Public Utility Commission William B. Travis Building P.O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326 Ms. Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087 Anthony P. Jones Chief Boiler Inspector Texas Department of Licensing and Regulation Boiler Division E.O. Thompson State Office Building P.O. Box 12157 Austin, TX 78711