ML083510280
| ML083510280 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 12/23/2008 |
| From: | Nadiyah Morgan Plant Licensing Branch 1 |
| To: | Gresham J Westinghouse |
| morgan n | |
| References | |
| TAC MD9970, WCAP-16158-P | |
| Download: ML083510280 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh. PA 15230-0355 SUB..IECT:
WESTINGHOUSE ELECTRIC COMPANY - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR BEAVER VALLEY POWER STATION, UNIT NO.1 (TAC NO. MD9970)
Dear Mr. Gresham:
By letter dated October 9,2008, FirstEnergy Nuclear Operating Company submitted an affidavit dated September 8, 2008, 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-16158-P, "Technical Basis for Repair Options for Reactor Vessel Head Penetration Nozzles and Attachment Welds: Beaver Valley Unit 2" [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 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
(4)(ii)(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.
(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.
(4)(ii)(d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(4)(ii)(e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
J. A. Gresham
-2 (4)(ii)(f)
It contains patentable ideas, for which patent protection may be desirable.
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 B of your application dated October 9, 2008, 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.
Please contact me at (301) 415-1016, if you have any questions regarding this issue.
Sincerely, apJ~r~,
I\\ladiyah S. Morgan, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket 1\\10. 50-412 cc: Distribution via Listserv
'.. ML0831510280 NRR-084 OFFICE LPLI-1/PM LPLI-1/LA DORULPLI-1/BC NAME NMorQan SUttle MKowal DATE 12/22/08 12/22/08 12/23/08