ML091200316

Request for Withholding Information from Public Disclosure for Beaver Valley Power Station, Unit No. 2

ML091200316
Person / Time
Site:	Beaver Valley
Issue date:	09/14/2009
From:	Nadiyah Morgan Plant Licensing Branch 1
To:	Gresham J Westinghouse
morgan n
References
TAC ME0349, WCAP-16144-P, Rev 1
Download: ML091200316 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Septemhe~ 14, 7009 Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

BEAVER VALLEY POWER STATION, UNIT NO.2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO.

ME0349)

Dear Mr. Gresham:

By letter dated December 30, 2008, you submitted an affidavit dated December 9, 2008, executed by Mr. J. A. Gresham, Regulatory Compliance and Plant Licensing Manager for Westinghouse Electric Company, LLC, that 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-16144-P, Revision 1, "Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation: Beaver Valley Unit 2" [Proprietary]

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System (Accession No. ML090020386).

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

J. Gresham -2 We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, 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.

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 301-415-1016.

Sincerely, tMorgan, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-412 cc: Distribution via Listserv

ML091200316 OFFICE DORL/LPLI-1/PM DORL/LPLI-1/LA DO RL/LPLI-1 /BC NAME NMorgan SLittie NSalgado DATE B/24/09 B/23/09 9/14/09