ML073300418

Topical Report Withholding Information from Public Disclosure (Tac No. MD0197)

ML073300418
Person / Time
Site:	Callaway
Issue date:	11/29/2007
From:	Donohew J NRC/NRR/ADRO/DORL/LPLIV
To:	Gresham J Westinghouse
Donohew J N, NRR/DORL/LPL4, 415-1307
References
TAC MD0197
Download: ML073300418 (4)

Text

November 29, 2007 Mr. J. A. Gresham Manager, Regulatory Compliance and Plant Licensing Nuclear Services Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

TOPICAL REPORT FOR WOLF CREEK GENERATING STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD0197)

Dear Mr. Gresham:

By letter dated September 25, 2007 (CAW-07-2335), Westinghouse Electric Company (WEC) submitted an affidavit (CAW-07-2335) also dated September 25, 2007, executed by you, requesting that information designated proprietary in the topical report entitled, LTR-CDME-07-198-P, "Response to NRC Request for Additional Information Relating to

[topical report] LTR-CDME-05-209-P of the Wolf Creek Generating Station (WCGS) Permanent B* License Amendment Request," dated September 24, 2007, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 390. The topical report and the WEC letter are Enclosures I and III, respectively, to the letter dated September 27, 2007 (ET 07-0043), from the Wolf Creek Nuclear Operating Corporation (WCNOC) to the Nuclear Regulatory Commission (NRC), for the Wolf Creek Generating Station.

A nonproprietary copy of the document designated LTR-CDME-07-198-NP, which is Enclosure II to the above September 27, 2007, letter from WCNOC, 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. ML072750610).

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 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

J. A. Gresham (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 Westinghouse or customer funded development plans and programs of potential economic value to Westinghouse.

We have reviewed your application and the material designated as proprietary in topical report LTR-CDME-07-198-P, dated September 24, 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 topical report LTR-CDME-07-198-P, dated September 24, 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. 50-483 cc: See next page

J. A. Gresham (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 Westinghouse or customer funded development plans and programs of potential economic value to Westinghouse.

We have reviewed your application and the material designated as proprietary in topical report LTR-CDME-07-198-P, dated September 24, 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 topical report LTR-CDME-07-198-P, dated September 24, 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. 50-483 cc: See next page DISTRIBUTION:

PUBLIC RidsNrrDorlDpr RidsAcrsAcnwMailCenter LPL4 Reading RidsNrrPMJDonohew RidsRgn4MailCenter RidsNrrDorl RidsNrrLAJBurkhardt RidsNrrDciCsgb RidsNrrDorlLpl4 RidsOgcRp EMurphy, NRR/DCI/CSGB ADAMS ACCESSION NO.: ML073300418 NRR-084 OFFICE DORL/LPL4/PM DORL/LPL4/LA DCI/CSGB/BC DORL/LPL4/BC NAME JDonohew JBurkhardt AHiser THiltz DATE 11/28/07 11/27/07 11/27/07 11/28/07 OFFICIAL RECORD COPY

Wolf Creek Generating Station cc:

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