ML080990499

Westinghouse Electric Company - Request for Withholding Information from Public Disclosure for Beaver Valley Power Station, Unit Nos. 1 and 2 (Tac MD7531 and MD7532)

ML080990499
Person / Time
Site:	Beaver Valley
Issue date:	04/17/2008
From:	Nadiyah Morgan NRC/NRR/ADRO/DORL/LPLI-1
To:	Gresham J Westinghouse
tsw1
References
TAC MD7531, TAC MD7532, WCAP-15376
Download: ML080990499 (6)

Text

April 17, 2008 J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2 (TAC NOS. MD7531 AND MD7532)

Dear Mr. Gresham:

By letter dated December 21, 2007, FirstEnergy Nuclear Operating Company submitted an affidavit dated July 31, 2007, executed by J. A. Gresham, you requested that the 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 2.390:

WCAP-15376 Implementation Guideline, Approach to Address the Conditions and Limitations in the NRCs [Nuclear Regulatory Commission] Safety Evaluation

[Proprietary]

A nonproprietary copy of this document has been placed in the 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:

(4)(ii)(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.

(4)(ii)(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, Enclosure 3 of your application dated December 21, 2007, 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.

J. A. Gresham 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.

Please contact me at (301) 415-1016, if you have any questions regarding this issue.

Sincerely,

/RA/

Nadiyah S. Morgan, Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-334 and 50-412 cc: See next page

NRR-084 OFFICE LPLI-1/PM LPLI-1/LA DORL/LPLI-1/BC NAME NMorgan SLittle MKowal DATE 4/14/08 4/15/08 4/17/08 Beaver Valley Power Station, Unit Nos. 1 and 2 cc:

Joseph J. Hagan Director, Fleet Regulatory Affairs President and Chief Operating Officer FirstEnergy Nuclear Operating Company FirstEnergy Nuclear Operating Company Mail Stop A-GO-2 Mail Stop A-GO-14 76 South Main Street 76 South Main Street Akron, Ohio 44333 Akron, OH 44308 Manager, Site Regulatory Compliance James H. Lash FirstEnergy Nuclear Operating Company Senior Vice President of Operations Beaver Valley Power Station and Chief Operating Officer Mail Stop A-BV-A FirstEnergy Nuclear Operating Company P.O. Box 4, Route 168 Mail Stop A-GO-14 Shippingport, PA 15077 76 South Main Street Akron, OH 44308 Commissioner James R. Lewis West Virginia Division of Labor Danny L. Pace 749-B, Building No. 6 Senior Vice President, Fleet Engineering Capitol Complex FirstEnergy Nuclear Operating Company Charleston, WV 25305 Mail Stop A-GO-14 76 South Main Street Director, Utilities Department Akron, OH 44308 Public Utilities Commission 180 East Broad Street Jeannie M. Rinckel Columbus, OH 43266-0573 Vice President, Fleet Oversight FirstEnergy Nuclear Operating Company Director, Pennsylvania Emergency Mail Stop A-GO-14 Management Agency 76 South Main Street 2605 Interstate Dr.

Akron, OH 44308 Harrisburg, PA 17110-9364 David W. Jenkins, Attorney Peter P. Sena III FirstEnergy Corporation Site Vice President Mail Stop A-GO-18 FirstEnergy Nuclear Operating Company 76 South Main Street Beaver Valley Power Station Akron, OH 44308 Mail Stop A-BV-SEB1 P.O. Box 4, Route 168 Manager, Fleet Licensing Shippingport, PA 15077 FirstEnergy Nuclear Operating Company Mail Stop A-GO-2 76 South Main Street Akron, OH 44333 Ohio EPA-DERR ATTN: Zack A. Clayton P.O. Box 1049 Columbus, OH 43266-0149

Beaver Valley Power Station, Unit Nos. 1 and 2 (continued) cc:

Dr. Judith Johnsrud Environmental Coalition on Nuclear Power Sierra Club 433 Orlando Avenue State College, PA 16803 Director Bureau of Radiation Protection Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469 Mayor of the Borough of Shippingport P.O. Box 3 Shippingport, PA 15077 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 298 Shippingport, PA 15077