ML081060183
| ML081060183 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 05/14/2008 |
| From: | Richard Jervey NRC/NRR/ADRO/DORL/LPLII-1 |
| To: | Stinson L Southern Nuclear Operating Co |
| Jervey, Richard 301-415-2728 | |
| References | |
| TAC MD8135, TAC MD8136 | |
| Download: ML081060183 (5) | |
Text
May 14, 2008 Mr. L. M. Stinson - Vice President Fleet Operations Support Southern Nuclear Operating Company, Inc.
40 Inverness Center Parkway P. O. Box 1295 Birmingham, AL 35201
SUBJECT:
SOUTHERN NUCLEAR OPERATING COMPANY, INC., REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR FARLEY NUCLEAR PLANT, UNITS 1 AND 2 (TAC NOS. MD8135 AND MD8136)
Dear Mr. Stinson:
By letter dated December 20, 2007, Southern Nuclear Operating Company Inc. (the licensee),
submitted an affidavit dated February 28, 2006, executed by B. F. Maurer, Implementation Guidelines for WCAP-15376-P-A, Rev. 1, Entitled WCAP-15376 Implementation Guidelines Approach to Address the Conditions and Limitations in the NRCs Safety Evaluation Proprietary.
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:
Joseph M. Farley Nuclear Plant, Units 1 & 2, Revision to Technical Specifications 3.3.1, 3.3.2, 3.3.6, 3.3.7, and 3.3.8, Enclosure 1A. A non-proprietary version of the same information was included in the submittal as Enclosure 1B.
A nonproprietary copy of this document 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.
(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.
(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f) It contains patentable ideas, for which patent protection may be desirable.
The licensee also included policy reasons behind the Westinghouse system which include the following:
(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
(b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
(d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
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 versions 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 301-415-2728.
Sincerely,
/RA/
R. A. Jervey, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364 cc: See next page
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 301-415-2728.
Sincerely,
/RA/
R. A. Jervey, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364 cc: See next page Distribution:
PUBLIC LPL2-1 R/F RidsNrrDorlLpl2-1 (MWong)
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RidsNrrDorlDpr RidsNrrDciCsgb ADAMS Accession Number: ML081060183 OFFICE NRR/LPL2-1/PM NRR/LPL3-1/LA NRR/DCI/EICB/BC NRR/LPL2-1/BC NAME RJervey BTully WKemper MWong DATE 05 / 12 /08 05 / 13 /08 05 / 12 /08 05 / 14 /08 OFFICIAL RECORD COPY
Joseph M. Farley Nuclear Plant, Units 1 & 2 cc:
Mr. J. Randy Johnson Mr. B. F. Maurer, Acting Manager Vice President - Farley Regulatory Compliance and Plant Licensing Joseph M. Farley Nuclear Plant Westinghouse Electric Company 7388 North State Highway 95 Nuclear Services Columbia, AL 36319 P. O. Box 355 Pittsburg, PA 15230-0355 Mr. B. D. McKinney, Licensing Manager Southern Nuclear Operating Company, Inc.
P.O. Box 1295 Birmingham, AL 35201-1295 Mr. M. Stanford Blanton Balch and Bingham Law Firm P.O. Box 306 1710 Sixth Avenue North Birmingham, AL 35201 Mr. J. Gasser Executive Vice President Southern Nuclear Operating Company, Inc.
P.O. Box 1295 Birmingham, AL 35201 State Health Officer Alabama Department of Public Health 434 Monroe St.
Montgomery, AL 36130-1701 Chairman Houston County Commission P.O. Box 6406 Dothan, AL 36302 Resident Inspector U.S. Nuclear Regulatory Commission 7388 N. State Highway 95 Columbia, AL 36319 William D. Oldfield SAER Supervisor Southern Nuclear Operating Company, Inc.
P.O. Box 470 Ashford, AL 36312