ML083520316

Request Westinghouse Electric Company Withholding Information from Public Disclosure

ML083520316
Person / Time
Site:	Farley
Issue date:	06/09/2009
From:	Martin R Plant Licensing Branch II
To:	Gresham J Westinghouse
Martin R, NRR/DORL, 415-1493
References
TAC MD7099, TAC MD7100
Download: ML083520316 (3)

Text

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Mr. James A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR FARLEY NUCLEAR PLANT, UNITS 1 AND 2 (TAC NOS. MD7099 AND MD7100)

Dear Mr. Gresham:

By letter dated November 10, 2008, Westinghouse Electric Company (Westinghouse) submitted an affidavit dated November 10, 2008, executed by you, requesting 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:

SER Compliance with WCAP-16260-P-A, Rev. 1, liThe Spatially Corrected Inverse Count Rate (SCICR) Method for Subcritrical Reactivity Measurement" (Proprietary/Non Proprietary). A non-proprietary version of the same information was included in the submittal as LTR-NRC-08-55 NP-Enclosure.

A nonproprietary copy of this document has been placed in the U.S. 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 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(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, the version(s) 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.

J. Gresham -2 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 301-415-1493.

Sincerely, ab~~~fc~nager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364 cc: Distribution via ListServ

' ML083520316 NRR-084 OFFICE NRRlLPL2-1/PM NRRlLPL3-1/LA NRRlDCIIEICB/BC NRRlLPL2-1/BC NAME RMartin SRohrer AMendiola MWong 6/9/09 6/9/09 6/8/09 6/9/09 DATE