ML082310663
| ML082310663 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 08/22/2008 |
| From: | John Lamb NRC/NRR/ADRO/DORL/LPLI-2 |
| To: | Gerald Bichof Dominion Nuclear Connecticut |
| Sanders, Carleen, NRR/DORL 415-1603 | |
| References | |
| TAC MD8736 | |
| Download: ML082310663 (5) | |
Text
August 22, 2008 Mr. Gerald T. Bischof Vice President - Nuclear Engineering Dominion Nuclear Connecticut, Inc.
5000 Dominion Boulevard Glen Allen, VA 23060-6711
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING MILLSTONE POWER STATION, UNIT 3 (TAC NO. MD8736)
Dear Mr. Bischof:
By letter dated May 8, 2008 (Agencywide Document Access and Management System (ADAMS)
Accession No. ML081490087), Dominion Nuclear Connecticut, Inc. (DNC) requested a proposed license amendment regarding interim alternative repair criteria for steam generator (SG) tube repair for Millstone Power Station Unit 3.
In this letter you referred to an affidavit executed by Mr. J. A. Gresham on behalf of Westinghouse Electric Company LLC (Westinghouse), dated April 25, 2008, and 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:
LTR-CDME-08-43 P - Attachment, Response to NRC Request for Additional Information Relating to LTR-CDME-08-11 P - Attachment, dated March 3, 2008 (Proprietary).
However, the Nuclear Regulatory Commission (NRC) staff discovered that Enclosure 3 of the letter, dated May 8, 2008, contained the following document:
LTR-CDME-08-43 P - Attachment, Response to NRC Request for Additional Information Relating to LTR-CDME-08-11 P - Attachment, dated March 18, 2008 (Proprietary).
The NRC staff notified Mr. Gary D. Miller of your staff via a phone call on July 31, 2008, that the date referenced in the affidavit did not match the date of the document.
By letter dated August 14, 2008 (ADAMS Accession No. ML082310330), DNC supplied a revised affidavit executed by Mr. J. A. Gresham on behalf of Westinghouse, dated August 4, 2008, and you requested that the information contained in the following document be withheld from public disclosure pursuant to 10 CFR Part 2, Section 2.390:
LTR-CDME-08-43 P - Attachment, Response to NRC Request for Additional Information Relating to LTR-CDME-08-11 P - Attachment, dated March 18, 2008 (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)(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
(4)(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.
(4)(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
We have reviewed your application and the material in accordance with 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 version of the submitted information marked 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 301-415-3100.
Sincerely,
/ra/ (Carleen J. Sanders/for)
John G. Lamb, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-423 cc. See next page
ML082310663 OFFICE LPL1-2/PM LPL1-2/LA LPL1-2/BC NAME JLamb (CSanders for)
ABaxter HChernoff (GMiller for)
DATE 8/21/08 8/21/08 8/22/08
Millstone Power Station, Unit No. 3 cc:
Lillilan M. Cuoco Senior Counsel Dominion Resources Services, Inc.
120 Tredegar Street, RS-2 Richmond, VA 23219 Edward L. Wilds, Jr., Ph.D.
Director, Division of Radiation Department of Environmental Protection 79 Elm Street Hartford, CT 06106-5127 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 First Selectmen Town of Waterford 15 Rope Ferry Road Waterford, CT 06385 Mr. J. W. "Bill" Sheehan Co-Chair NEAC 19 Laurel Crest Drive Waterford, CT 06385 Mr. Evan W. Woollacott Co-Chair Nuclear Energy Advisory Council 128 Terry's Plain Road Simsbury, CT 06070 Senior Resident Inspector Millstone Power Station c/o U.S. Nuclear Regulatory Commission P. O. Box 513 Niantic, CT 06357 Ms. Nancy Burton 147 Cross Highway Redding Ridge, CT 00870 Mr. Joseph Roy, Director of Operations Massachusetts Municipal Wholesale Electric Company Moody Street P.O. Box 426 Ludlow, MA 01056 Mr. J. Alan Price Site Vice President Dominion Nuclear Connecticut, Inc.
Millstone Power Station Building 475, 5th Floor Rope Ferry Road Waterford, CT 06385 Mr. Chris Funderburk, Director Nuclear Licensing & Operations Support Dominion Resources Services, Inc.
Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711 Mr. Robert T. Griffin, Director Nuclear Safety & Licensing Dominion Nuclear Connecticut, Inc.
Millstone Power Station Building 475, 5th Floor Rope Ferry Road Waterford, CT 06385 Mr. David A. Christian President and Chief Nuclear Officer Dominion Nuclear Connecticut, Inc.
Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711