ML090620203

Request for Withholding Information from Public Disclosure, WCGS Letter Dated 2/17/2009

ML090620203
Person / Time
Site:	Wolf Creek
Issue date:	03/27/2009
From:	Balwant Singal Plant Licensing Branch IV
To:	Muench R Wolf Creek
Singal, Balwant, 415-3016, NRR/DORL/LPL4
References
6002-00004, Rev 2, 6002-00209, Rev 0, TAC MD4839
Download: ML090620203 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 March 27, 2009 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Post Office Box 411 Burlington, KS 66839

SUBJECT:

WOLF CREEK GENERATING STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD4839)

Dear Mr. Muench:

By letter dated February 27, 2009, Wolf Creek Nuclear Operating Corporation (WCNOC) submitted an affidavit dated February 27,2009, executed by Steen D. Sorensen, President and CEO, CS Innovations LLC (CSI), requesting that information designated proprietary in the following documents be withheld from public disclosure pursuant to paragraph (a)(4) of Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

• 6002-00209, "NTS [National Technical Systems] Humidity Test Report,"

Revision 0, dated February 23, 2009

• 6002-00004, "ALS EQ [Environmental Qualification] Plan," Revision 2, dated February 20, 2009 The proprietary versions of the documents and the CSI affidavit are Enclosures I, II, and III respectively, to the letter dated February 27,2009 (ET 09-011), from WCNOC to the U.S.

Nuclear Regulatory Commission (NRC), for the Wolf Creek Generating Station.

Non-proprietary versions of these documents were not submitted for placement in the NRC Public Document Room and the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room. In its letter dated February 27,2009 (ADAMS Accession No. ML090750080), WCNDC stated that only proprietary versions of the reports were submitted because non-proprietary versions would be of no value to the public due to the extent of the proprietary information in these reports. Based on its review of these reports, the NRC staff agrees with WCNOC and concludes that it is not practical to have a non-proprietary copy of the reports when so few pages of the reports, like the table of contents, and the list of acronyms and units of measurements, may be non-proprietary.

The licensee 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 CSl's competitors without license from CSI constitutes a competitive economic advantage over other companies.

R. Muench -2 (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, manufacturer, shipment, installation, assurance of quality, or licensing a similar product.

(e) It reveals aspects of past, present, or future CSI or customer funded development plans and programs of potential commercial value to CSI.

The NRC staff has reviewed your application and the material designated as proprietary in the above listed reports in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements and determined that the submitted reports sought to be withheld contain 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, b~ 1 u.J cJ ~~~

Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-482 cc: Distribution via Listserv

' .. ML090620203 OFFICE NRRlLPL4/PM NRRlLPL4/LA NRRlEICB/BC OGC NRRlLPL4/BC NRRlLPL4/PM NAME BSingal JBurkhardt WKemper Not Required MMarkley BSingal DATE 3/20109 3/9109 3/23/09 - 3/27109 3/27109