ML080980261

Wolf Creek,Request for Withholding Information from Public Disclosure in Als Architecture Evaluation and Sfis D3 Assessment Submitted February 28, 2008

ML080980261
Person / Time
Site:	Wolf Creek
Issue date:	06/23/2008
From:	Balwant Singal NRC/NRR/ADRO/DORL/LPLIV
To:	Muench R Wolf Creek
Singal, Balwant, 415-3016, NRR/DORL/LPL4
References
TAC MD4839
Download: ML080980261 (4)

Text

June 23, 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 February 28, 2008 (ET 08-0014), Wolf Creek Nuclear Operating Corporation (WCNOC) submitted an affidavit dated February 28, 2008, executed by Terry J. Garrett, Vice President Engineering, WCNOC, requesting that information designated proprietary in the following two evaluations be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

1. Advanced Logic System (ALS) Class 1E Controls - ALS Architecture Evaluation, Revision 0, dated February 25, 2008, and

2. Advanced Logic System (ALS) Class 1E Controls - MSFIS [Main Steam and Feedwater Isolation System] D3 Assessment, Revision 1, dated February 23, 2008.

The proprietary versions of the evaluations and the WCNOC affidavit are Enclosures XI, XIV, and XVI, respectively, to the letter dated February 28, 2008 (ET 08-0014), from WCNOC to the Nuclear Regulatory Commission (NRC), for the Wolf Creek Generating Station.

Non-proprietary copies of the above documents were also provided as Enclosures XII and XV to the above WCNOC letter dated February 28, 2008. These non-proprietary versions have been placed in NRC Public Document Room and for addition to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(c) Its use by another company would reduce its expenditure of resources or improve its competitive position in the design, assurance of quality, or licensing a similar product.

(d) It is not property of WCNOC, but must be treated as proprietary by WCNOC according to agreements with the owners of the information.

We have reviewed your application and the material designated as proprietary in the above listed topical reports in accordance with the requirements of 10 CFR 2.390 and, on the basis of

R. A. Muench 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

ML080980261 (*) See previous concurrence OFFICE LPL4/PM LPL4/LA DE/EICBBC LPL4/BC LPL4/PM NAME BSingal JBurkhardt WKemper (*) THiltz BSingal DATE 6/19/08 6/19/08 4/14/08 6/23/08 6/23/08 Wolf Creek Generating Station (6/10/2008) 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 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/Callaway Plant 120 S.W. 10th Avenue, 2nd Floor 8201 NRC Road Topeka, KS 66612-1597 Steedman, MO 65077-1032