ML080980235

Request for Withholding Information from Public Disclosure, Three Proprietary Documents, Affidavit Dated July 29, 2008, Executed by S. Sorenson, CS Innovations, LLC

ML080980235
Person / Time
Site:	Wolf Creek
Issue date:	08/18/2008
From:	Balwant Singal NRC/NRR/ADRO/DORL/LPLIV
To:	Muench R Wolf Creek
Singal, Balwant, 415-3016, NRR/DORL/LPL4
References
TAC MD4839
Download: ML080980235 (4)

Text

August 18, 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 July 31, 2008 (GC 08-0024), Wolf Creek Nuclear Operating Corporation (WCNOC) submitted affidavit dated July 29, 2008, executed by Steen D. Sorensen, President and CEO, CS Innovations, LLC (CSI), in which you requested that information designated proprietary in the following three documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

1. 6002-00002, ALS [Advanced Logic System] Configuration Management Plan, Revision 2, dated July 28, 2008

2. 6002-00001, ALS Quality Assurance Plan, Revision 2, dated July 28, 2008

3. 6101-00200, MSFIS [Main Steam and Feedwater Isolation System], V &

V [Verification and Validation] Report, Revision 3, dated July 21, 2008 The proprietary versions of the documents and the CSI affidavit are Enclosures I, III, V, and VII, respectively, to the letter dated July 31, 2008 (GC 08-0024), from WCNOC to the U.S. Nuclear Regulatory Commission (NRC), for the Wolf Creek Generating Station.

Non-proprietary copies of the above documents were also provided as Enclosures II, IV, and VI to the above WCNOC letter dated July 31, 2008. These non-proprietary versions have been placed in the NRC Public Document Room and for addition to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room.

The above listed documents submitted under letter dated July 31, 2008, supersede the documents previously submitted under WCNOC letter ET-08-0014, dated February 28, 2008.

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.

R. A. Muench (b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.) the application of which data secures a competitive economic advantage, e.g. by optimization or improved marketability.

(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.

(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 the above listed reports in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted reports sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, this information 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

ML080980235 OFFICE LPL4/PM LPL4/LA DE/EICB/BC LPL4/BC (A) LPL4/PM NAME BSingal JBurkhardt WKemper JDonohew BSingal DATE 8/07/08 8/7/08 8/14/08 8/18/08 8/18/08 Wolf Creek Generating Station (7/2/2008) cc:

Jay Silberg, Esq. County Clerk Pillsbury Winthrop Shaw Pittman LLP Coffey County Courthouse 2300 N Street, NW 110 South 6th Street Washington, DC 20037 Burlington, KS 66839 Regional Administrator, Region IV Chief, Radiation and Asbestos Control U.S. Nuclear Regulatory Commission Section 612 E. Lamar Blvd., Suite 400 Kansas Department of Health Arlington, TX 76011-4125 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 120 SW 10th Avenue, 2nd Floor Callaway Plant Topeka, KS 66612-1597 8201 NRC Road Steedman, MO 65077-1032