ML080660512
| ML080660512 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 03/10/2008 |
| From: | Siva Lingam NRC/NRR/ADRO/DORL/LPLII-1 |
| To: | Tynan T Southern Nuclear Operating Co |
| Lingam, Siva NRR/DORL 415-1564 | |
| References | |
| TAC MD7772, TAC MD7773 | |
| Download: ML080660512 (4) | |
Text
March 10, 2008 Mr. Tom E. Tynan Vice President - Vogtle Vogtle Electric Generating Plant 7821 River Road Waynesboro, GA 30830
SUBJECT:
VOGTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS.
MD7772 AND MD7773)
Dear Mr. Tynan:
By letter dated March 5, 2008, and affidavit dated February 28, 2008, executed by J. A. Gresham of Westinghouse Electric Company LLC of Westinghouse letter CAW-08-2390 (Enclosure 4 to your letter dated March 5, 2008), you provided responses to our request for additional information regarding license amendment request dated January 9, 2008, to revise Technical Specification (TS) Sections TS 3.3.2, ESFAS [Engineered Safety Features Actuation System] Instrumentation, and TS 3.5.4, Refueling Water Storage Tank (RWST), for meeting commitments associated with Nuclear Regulatory Commission (NRC) Generic Letter (GL) 2004-02 for Vogtle Electric Generating Plant Facility Operating Licenses NPF-68 and NPF-81 for Unit 1 and Unit 2, respectively, and requested that Westinghouse proprietary document, Response to NRC Request for Additional Information (Proprietary), (Enclosure 2 to your March 5, 2008 letter) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Paragraph (b)(4), Section 2.390.
A nonproprietary copy of this document, Enclosure 3 of your letter dated March 5, 2008, Response to NRC Request for Additional Information (Non-Proprietary), has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
The affidavit 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 Westinghouses 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 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 301-415-1564.
Sincerely,
/RA/
Siva P. Lingam, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-424 and 50-425 cc: See next page
ML080660512 OFFICE NRR/LPL2-1/PM NRR/LPL2-1/LA NRR/EICB/BC NRR/LPL2-1/BC NAME SLingam MO=Brien WKemper MWong DATE 3/6/08 3/10/08 3/10/08 3/10/08
Vogtle Electric Generating Plant, Units 1 & 2 cc:
Mr. Tom E. Tynan Vice President - Vogtle Vogtle Electric Generating Plant 7821 River Road Waynesboro, GA 30830 Mr. N. J. Stringfellow Manager, Licensing Southern Nuclear Operating Company, Inc.
P.O. Box 1295 Birmingham, AL 35201-1295 Mr. Jeffrey T. Gasser Executive Vice President Southern Nuclear Operating Company, Inc.
P.O. Box 1295 Birmingham, AL 35201-1295 Mr. Steven M. Jackson Senior Engineer - Power Supply Municipal Electric Authority of Georgia 1470 Riveredge Parkway, NW Atlanta, GA 30328-4684 Mr. Reece McAlister Executive Secretary Georgia Public Service Commission 244 Washington St., SW Atlanta, GA 30334 Mr. Harold Reheis, Director Department of Natural Resources 205 Butler Street, SE, Suite 1252 Atlanta, GA 30334 Attorney General Law Department 132 Judicial Building Atlanta, GA 30334 Mr. Laurence Bergen Oglethorpe Power Corporation 2100 East Exchange Place P.O. Box 1349 Tucker, GA 30085-1349 Arthur H. Domby, Esquire Troutman Sanders Nations Bank Plaza 600 Peachtree Street, NE Suite 5200 Atlanta, GA 30308-2216 Resident Inspector Vogtle Plant 8805 River Road Waynesboro, GA 30830 Office of the County Commissioner Burke County Commission Waynesboro, GA 30830 Mr. Bob Masse Resident Manager Oglethorpe Power Corporation Vogtle Electric Generating Plant 7821 River Road Waynesboro, GA 30830 Mr. J. A. Gresham Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P. O. Box 355 Pittsburgh, PA 15230-0355