ML080980134

Withholding from Public Disclosure, CS Innovations, 6101-00007, Msfis Instruction, Operation, and Maintenance Manual, Revision 1, Submitted March 14, 2008

ML080980134
Person / Time
Site:	Wolf Creek
Issue date:	04/16/2008
From:	Balwant Singal NRC/NRR/ADRO/DORL/LPLIV
To:	Muench R Wolf Creek
singal, balwant NRR/DORL 301-415-3016
References
6101-00007, Rev 1, ET 08 0017, TAC MD4839
Download: ML080980134 (4)

Text

April 16, 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. MD4839)

Dear Mr. Muench:

By letter dated March 14, 2008 (ET 08-0017), Wolf Creek Nuclear Operating Corporation (WCNOC, the licensee), submitted an affidavit dated March 13, 2008, executed by Steen D.

Sorensen, President and CEO, CS Innovations, LLC (CSI), in which you requested that information designated proprietary in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

CSI Innovations document 6101-00007, entitled MSFIS [Main Steam and Feedwater Isolation System] Instruction, Operation, and Maintenance Manual, Revision 1.

The MSFIS Instruction, Operation, and Maintenance Manual and the affidavit are Enclosures I and II, respectively, to the letter dated March 14, 2008 (ET 08-0017).

A non-proprietary copy of the above-referenced document was not submitted for placement in the NRC Public Document Room and for addition to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room. In its letter dated March 14, 2008, WCNOC stated that only a proprietary version of the document was submitted because a non-proprietary version would be of no value to the public due the extent of the proprietary information. Based on its review of the document, the NRC staff agrees with WCNOC and concludes that it is not practical to have a non-proprietary copy of the document when so few pages of the document may be non-proprietary.

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 CSI=s competitors without license from CSI 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.

R. A. Muench (e) It reveals aspects of past, present, or future CSI or customer funded development plans and programs of potential commercial value to CSI.

We have reviewed your application and the material designated as proprietary in MSFIS Instruction, Operation, and Maintenance Manual 6101-00007, Revision 1, in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted document sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, this 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 301-415-3016.

Sincerely,

/RA/

Balwant K. Singal, 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

R. A. Muench (e) It reveals aspects of past, present, or future CSI or customer funded development plans and programs of potential commercial value to CSI.

We have reviewed your application and the material designated as proprietary in MSFIS Instruction, Operation, and Maintenance Manual 6101-00007, Revision 1, in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted document sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, this 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 301-415-3016.

Sincerely,

/RA/

Balwant K. Singal, 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 DISTRIBUTION:

PUBLIC RidsNrrDorlLpl4 RidsNrrLAJBurkhardt LPLIV Reading RidsNrrPMBSingal RidsOgcMailCenter RidsAcrsAcnw&mMailCenter RidsRgn4MailCenter RidsNrrDeEicb PLoeser/EICB ADAMS ACCESSION NO.: ML080980134 OFFICE LPL4/PM LPL4/LA DE/EICB BC LPL4/BC NAME BSingal JBurkhardt WKemper THiltz DATE 4/11/08 4/10/08 4/14/08 4/16/08 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