ML082130509
| ML082130509 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 08/25/2008 |
| From: | Balwant Singal NRC/NRR/ADRO/DORL/LPLIV |
| To: | Blevins M Luminant Generation Co |
| Singal, Balwant, 415-3016, NRR/DORL/LPL4 | |
| References | |
| TAC MD8417, TAC MD8418, WCAP-16827-P | |
| Download: ML082130509 (3) | |
Text
August 25, 2008 Mr. M. R. Blevins Executive Vice President
& Chief Nuclear Officer Luminant Generation Company LLC ATTN: Regulatory Affairs P. O. Box 1002 Glen Rose, TX 76043
SUBJECT:
COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MD8417 AND MD8418)
Dear Mr. Blevins:
By letter dated June 30, 2008 (Log No. TXX-08087), Luminant Generation Company LLC (the licensee) submitted an affidavit dated June 26, 2008, executed by R. B. Sisk, AP1000 Licensing and Customer Interface, Westinghouse Electric Company Nuclear Services (Westinghouse),
requesting that information designated proprietary in WCAP-16827-P, Addendum 1, Revision 0, titled, Supplement to Comanche Peak Units 1 and 2 Spent Fuel Pool Criticality Safety Analysis, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
The proprietary version of the WCAP and the Westinghouse affidavit are Enclosures 1 and 3, respectively, to the letter dated June 30, 2008, from the licensee to the Nuclear Regulatory Commission (NRC), for the Comanche Peak Steam Electric Station, Units 1 and 2.
A non-proprietary copy of the above document (WCAP-16827-NP, Addendum 1, Revision 0) was also provided as Enclosure 2 to the licensee letter dated June 30, 2008. This non-proprietary version has 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 submitted by Westinghouse stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(a)
The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from public disclosure to protect the Westinghouse competitive position.
(c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
We have reviewed your application and the material designated as proprietary in the above listed WCAP in accordance with the requirements of 10 CFR 2.390 and, on the basis of your
M. 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 by Michael T. Markley for/
Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: See next page
ML082130509 OFFICE LPL4/PM LPL4/LA DSS/SRXB/BC LPL4/BC(A)
LPL4/PM NAME BSingal JBurkhardt GCranston JDonohew BSingal BSingal, MTM for DATE 8/5/08 8/5/08 8/25/08 8/25/08 8/25/08
Comanche Peak Steam Electric Station (7/7/2008) cc:
Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 2159 Glen Rose, TX 76043-2159 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 612 E. Lamar Blvd., Suite 400 Arlington, TX 76011-4125 Mr. Fred W. Madden, Director Regulatory Affairs Luminant Generation Company LLC P.O. Box 1002 Glen Rose, TX 76043 Timothy P. Matthews, Esq.
Morgan Lewis 1111 Pennsylvania Avenue, NW Washington, DC 20004 County Judge P.O. Box 851 Glen Rose, TX 76043 Environmental and Natural Resources Policy Director Office of the Governor P.O. Box 12428 Austin, TX 78711-3189 Mr. Richard A. Ratliff, Chief Bureau of Radiation Control Texas Department of Health 1100 W. 49th Street Austin, TX 78756-3189 Mr. Brian Almon Public Utility Commission William B. Travis Building P.O. Box 13326 1701 N. Congress Avenue Austin, TX 78701-3326 Ms. Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087 Anthony P. Jones Chief Boiler Inspector Texas Department of Licensing and Regulation Boiler Division E.O. Thompson State Office Building P.O. Box 12157 Austin, TX 78711