ML092100634

Request for Clarification Request for Withholding Information from Public Disclosure (5/4/2009 Affidavit Executed by J. Gresham, Westinghouse)

ML092100634
Person / Time
Site:	Wolf Creek
Issue date:	08/18/2009
From:	Balwant Singal Plant Licensing Branch IV
To:	Muench R Wolf Creek
Singal, Balwant, 415-3016, NRR/DORL/LPL4
References
TAC ME1393
Download: ML092100634 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 August 18, 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 CLARIFICATIONS IN RESPONSE TO APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. I\IIE1393)

Dear Mr. Muench:

By letter dated June 2, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML091590172), Wolf Creek Nuclear Operating Corporation submitted an affidavit dated May 4, 2009, executed by J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse Electric Company LLC (Westinghouse), requesting that information designated proprietary in the following document be withheld from public disclosure pursuant to paragraph (a)(4) of Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

• WCAP-17071-P, "H*: Alternate Repair Criteria for the Tubesheet Expansion Region in Steam Generators with Hydraulically Expanded Tubes (Model F),"

April 2009 The affidavit stated that the submitted information should be considered withheld from public disclosure for the following reasons:

(i) 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.

(ii) 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.

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

Section 2.390(b)(1 )(iii) of 10 CFR Part 2 of the Commission's regulations requires that each supporting affidavit contain a full statement of the reason for claiming the information should be withheld from public disclosure. The section further requires the statement to "address with specificity" the considerations listed in 10 CFR 2.390(b)(4).

R. Muench -2 The affidavit has been reviewed in light of the aforementioned paragraphs of the regulations and the general public availability of some of this information. The U.S. Nuclear Regulatory Commission staff requests clarification regarding how each of the information items listed in the enclosure meets the considerations of 10 CFR 2.390(b)(4) so that we may make the required determination under 10 CFR 2.390(b). Your response is requested within 30 days of the date of this letter.

If you have any questions regarding this matter, please contact me at 301-415-3016.

Sincerely, b",- 1w e.-t- 'c--,& 1 lA-'~

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

REQUEST FOR CLARIFICATION WOLF CREEK GENERATING STATION WOLF CREEK NUCLEAR OPERATING CORPORATION DOCKET NO. 50-482 Provide clarification regarding how the classification of the following items meet the criteria of 10 CFR 2.390(b)(4).

1. Pages 1-5 and 1-6, equations 1-1,1-2, and 1-3.

2. Page 1-13, numerical values in fourth row of Table 1-1.

3. Page 5-3, operating conditions in first column of the table.

4. Pages 5-5 through 5-10, Tables 5-1, 5-2, 5-3, 5-4, 5-5, and 5-6, all rows and columns.

5. Page 6-10, information in first row and first two columns of the table. Also provide reference 6-5.

6. Page 6-18, information in brackets claimed as proprietary, as well as similar types of information throughout the report.

7. Page 6-21, Table 6-6, information in first column.

8. Page 6-22, Table 6-7, information in 'first and third columns.

9. Page 6-30, information in first column of Tables 6-11, 6-12, and 6-13.

10. Page 9-24, information in Table 9-1.

11. Pages 9-26 and 9-27, information in first column of Tables 9-3 and 9-4.

12. Page 9-28, information in Table 9-5.

13. Page 9-29, information in first column of Table 9-6.

14. Page 9-30, information in first column of Table 9-7.

Enclosure

R. Muench -2 The affidavit has been reviewed in light of the aforementioned paragraphs of the regulations and the general public availability of some of this information. The U.S. Nuclear Regulatory Commission staff requests clarification regarding how each of the information items listed in the enclosure meets the considerations of 10 CFR 2.390(b)(4) so that we may make the required determination under 10 CFR 2.390(b). Your response is requested within 30 days of the date of this letter.

If you have any questions regarding this matter, please contact me at 301-415-3016.

Sincerely, IRA!

Ba/want K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-482 Enclosure As stated cc w/encl: Distribution via Listserv DISTRIBUTION:

PUBLIC RidsNrrDorlLpl4 Resource RidsRgn4MailCenter Resource LPLIV rtf RidsNrrPMWolfCreek Resource EMurphy, NRRtDCIICSGB RidsAcrsAcnw_MailCTR Resource RidsNrrLAJBurkhardt Resource AJohnson, NRRtDCIICSGB RidsNrrDciCsgb Resource RidsOgcRp Resource ADAMS Accession No' " ML092100634 *NLO with comments OFFICE NRRlLPL4/PM NRRlLPL4/LA DCI/CSGB/BC (A) OGC NRRlLPL4/BC NRRlLPL4/PM MMarkley NAME BSingal JBurkhardt MGavrilas JAdler* MThadani for BSingal DATE 8/5/09 8/5/09 8/5/09 8/13/09 8/17109 8/18/09