ML080150111

Units and 2 - Request for Withholding Proprietary Information, J. Gresham, Westinghouse Electric Company LLC Affidavit Dated 12/11/2007, Regarding LAR 07-006

ML080150111
Person / Time
Site:	Comanche Peak
Issue date:	01/28/2008
From:	Balwant Singal NRC/NRR/ADRO/DORL/LPLIV
To:	Blevins M Luminant Generation Co
Singal, Balwant, 415-3016, NRR/DORL/LPL4
References
TAC MD6561, TAC MD6562
Download: ML080150111 (4)

Text

January 28, 2008 Mr. M. R. Blevins Senior Vice President

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

SUBJECT:

COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MD6561 AND MD6562)

Dear Mr. Blevins:

By letter dated December 13, 2007, Mr. Fred W. Madden, Director, Oversight and Regulatory Affairs, Luminant Generation Company LLC (the licensee), submitted an affidavit, executed by Mr. J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, for Westinghouse Electric Company LLC (Westinghouse), dated December 11, 2007, requesting that the information designated as proprietary in the response to request for additional information associated with the Technical Specifications revision to reflect cycle-specific safety analysis assumptions regarding adoption of Westinghouse methodologies, be withheld from the public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 390. The response to request for additional information and the Westinghouse letter were Attachment 1 and Enclosure, respectively, to the licensees letter dated December 13, 2007.

The December 11, 2007, affidavit by Mr. J. A. Gresham stated that the submitted information should be considered exempt from the 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 Westinghouse's 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 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 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.

M. R. Blevins A non-proprietary copy of the document, provided as Attachment 3 to the letter dated December 13, 2007, has been placed in the Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the Agencywide Documents Access and Management System 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 A non-proprietary copy of the document, provided as Attachment 3 to the letter dated December 13, 2007, has been placed in the Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the Agencywide Documents Access and Management System 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 RidsNrrDorlLpl4 RidsOgcRp LPLIV Reading RidsNrrDeEicb (Kemper) RidsRgn4MailCenter RidsAcrsAcnwMailCenter RidsNrrPMBSingal BMarcus, DE/EICB RidsNrrDorlDpr RidsNrrLAJBurkhardt ADAMS Accession No. ML080150111 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/DE/EICB NRR/LPL4/BC NAME BSingal JBurkhardt WKemper MCThadani for THiltz DATE 1-22-08 1/22/08 1-25-08 1/28/2008 OFFICIAL AGENCY RECORD

Comanche Peak Steam Electric Station (10/2007) cc:

Senior Resident Inspector Mr. Richard A. Ratliff, Chief U.S. Nuclear Regulatory Commission Bureau of Radiation Control P.O. Box 2159 Texas Department of Health Glen Rose, TX 76403-2159 1100 West 49th Street Austin, TX 78756-3189 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Mr. Brian Almon 611 Ryan Plaza Drive, Suite 400 Public Utility Commission Arlington, TX 76011 William B. Travis Building P.O. Box 13326 Mr. Fred W. Madden, Director 1701 North Congress Avenue Regulatory Affairs Austin, TX 78701-3326 Luminant Generation Company LLC P.O. Box 1002 Ms. Susan M. Jablonski Glen Rose, TX 76043 Office of Permitting, Remediation and Registration Timothy P. Matthews, Esq. Texas Commission on Environmental Morgan Lewis Quality 1111 Pennsylvania Avenue, NW MC-122 Washington, DC 20004 P.O. Box 13087 Austin, TX 78711-3087 County Judge P.O. Box 851 Anthony P. Jones Glen Rose, TX 76043 Chief Boiler Inspector Texas Department of Licensing Environmental and Natural and Regulation Resources Policy Director Boiler Division Office of the Governor E.O. Thompson State Office Building P.O. Box 12428 P.O. Box 12157 Austin, TX 78711-3189 Austin, TX 78711