ML080430006

Request for Withholding Information from Public Disclosure, 01/11/2008 Affidavit Executed by J. A. Gresham, Westinghouse Electric Company LLC

ML080430006
Person / Time
Site:	Wolf Creek
Issue date:	02/27/2008
From:	Donohew J NRC/NRR/ADRO/DORL/LPLIV
To:	Muench R Wolf Creek
Donohew J N, NRR/DORL/LPL4, 415-1307
References
TAC MD0197
Download: ML080430006 (5)

Text

February 27, 2008 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Post Office Box 411 Burlington, KS 66839

SUBJECT:

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

Dear Mr. Muench:

By letter dated January 25, 2008 (ET 08-0006), Wolf Creek Nuclear Operating Corporation (WCNOC, the licensee) submitted an affidavit, dated January 11, 2008, executed by J. A.

Gresham, Westinghouse Electric Company LLC, requesting that information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 390:

LTR-CDME-08-2, Rev. 1, P-Attachment, Meeting Handouts from the December 13, 2007 Meeting with Wolf Creek and NRR on H*/B*,dated January 11, 2008 (Proprietary), which is Enclosure I to WCNOCs January 25, 2008 letter A nonproprietary copy of the document (designated LTR-CDME-08-2, Rev. 1, NP-Attachment),

which is Enclosure II to the above January 25, 2008, letter from WCNOC, has been placed in the NRCs Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room under ADAMS Accession No. ML080370610).

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

I 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.

R. A. Muench (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 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. The version of 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.

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 J.A. Gresham, Westinghouse

R. A. Muench (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 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. The version of 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.

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 J.A. Gresham, Westinghouse DISTRIBUTION:

PUBLIC RidsNrrLAJBurkhardt RidsNrrDciCsgb LPL4 Reading RidsOgcMailCenter EMurphy, NRR/DCI/CSGB RidsNrrDorlLpl4 RidsAcrsAcnwMailCenter RidsNrrPMJDonohew RidsRgn4MailCenter ADAMS ACCESSION NO.: ML080430006 NRR-084 OFFICE LPL4/PM LPL4/LA DCI/CSGB BC LPL4/BC NAME JDonohew:gkl JBurkhardt AHiser THiltz DATE 02/27/08 2/19/08 02/25/08 02/27/08 OFFICIAL RECORD COPY

Wolf Creek Generating Station (2/2006) cc:

Jay Silberg, Esq. County Clerk Pillsbury Winthrop Shaw Pittman LLP Coffey County Courthouse 2300 N Street, NW 110 South 6th Street Washington, D.C. 20037 Burlington, KS 66839 Regional Administrator, Region IV Chief, Radiation and Asbestos Control U.S. Nuclear Regulatory Commission Section 611 Ryan Plaza Drive, Suite 400 Kansas Department of Health Arlington, TX 76011 and Environment Bureau of Air and Radiation Senior Resident Inspector 1000 SW Jackson, Suite 310 U.S. Nuclear Regulatory Commission Topeka, KS 66612-1366 P.O. Box 311 Burlington, KS 66839 Vice President Operations/Plant Manager 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 Supervisor Licensing Wolf Creek Nuclear Operating Corporation Office of the Governor P.O. Box 411 State of Kansas Burlington, KS 66839 Topeka, KS 66612 U.S. Nuclear Regulatory Commission Attorney General Resident Inspectors Office/Callaway Plant 120 S.W. 10th Avenue, 2nd Floor 8201 NRC Road Topeka, KS 66612-1597 Steedman, MO 65077-1032 J.A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355