ML092670304
| ML092670304 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 10/16/2009 |
| From: | Balwant Singal Plant Licensing Branch IV |
| To: | Flores R Luminant Generation Co |
| Singal, Balwant, 415-3016, NRR/DORL/LPL4 | |
| References | |
| TAC ME1446, TAC ME1447, WCAP-17072-P, Rev 0 | |
| Download: ML092670304 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 16, 2009 Mr. Rafael Flores Senior Vice President and Chief Nuclear Officer Luminant Generation Company LLC P.O. Box 1002 Glen Rose, TX 76043
SUBJECT:
COMANCHE PEAK STEAM ELECTRIC STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. ME1446 AND ME1447)
Dear Mr. Flores:
By letter dated June 8,2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML091670158), Luminant Generation Company LLC (Luminant) submitted an affidavit dated May 21, 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), Part 2, Section 2.390:
WCAP-17072-P, Revision 0, "H*: Alternate Repair Criteria for the Tubesheet Expansion Region in Steam Generators with Hydraulically Expanded Tubes (Model D5)," May 2009 The proprietary version of the document and the Westinghouse affidavit are Enclosures 1 and 4, respectively, to the letter dated June 8, 2009, from Luminant to the U.S. Nuclear Regulatory Commission (NRC), for the Comanche Peak Steam Electric Station, Units 1 and 2.
A non-proprietary copy of the document, provided as Enclosure 2 to the letter dated June 8, 2009, has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room (ADAMS Accession No. ML091670172).
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.
R. Flores
- 2 (e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
By letter dated August 13, 2009 (ADAMS Accession No. ML092120132), the NRC staff requested clarification regarding how certain information met the considerations of 10 CFR 2.390(b)(4) so that the NRC staff could make the required determination under 10 CFR 2.390(b). By letter dated September 2, 2009 (ADAMS Accession Nos. ML092530579 for non-proprietary version and ML092530580 for proprietary version), the licensee provided a response to the NRC staff request and the corrected pages for the subject report.
We have reviewed your two submittals, identified above, in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the information sought to be withheld in the two submittals, when the two submittals are considered together, contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the versions 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) 415-3016.
Sincerely, n,
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Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: Distribution via Listserv
ML092120132), the NRC staff requested clarification regarding how certain information met the considerations of 10 CFR 2.390(b)(4) so that the NRC staff could make the required determination under 10 CFR 2.390(b). By letter dated September 2, 2009 (ADAMS Accession Nos. ML092530579 for non-proprietary version and ML092530580 for proprietary version), the licensee provided a response to the NRC staff request and the corrected pages for the subject report.
We have reviewed your two submittals, identified above, in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the information sought to be withheld in the two submittals, when the two submittals are considered together, contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the versions 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) 415-3016.
Sincerely,
/raJ Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: Distribution via Listserv DISTRIBUTION:
PUBLIC RidsNrrDorlLpl4 Resource RidsOgcRp Resource LPLIV r/f RidsNrrPMComanchePeak Resource RidsRgn4MailCenter Resource RidsAcrsAcnw_MailCTR Resource RidsNrrLAJBurkhardt Resource AJohnson, NRRlDCIICSGB ADAMS Accession No' ML092670304 OFFICE NRRlLPL4/PM NRRlLPL4/LA NRRlCSGB/BC (A)
OGC NRRlLPL4/BC NRRlLPL4/PM NAME BSingal
.IBurkhardt MGavrilas Not Required MMarkley BSingal I
DATE 10nJ09 10/7/09 10/7/09 10/16/09 10/16/09