ML092740596
| ML092740596 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 10/22/2009 |
| From: | Chernoff H "G" Force, Plant Licensing Branch 1 |
| To: | O'Keefe M, St.Pierre G NextEra Energy Seabrook |
| Egan, Dennis; NRR/DORL 301-415-2443 | |
| References | |
| TAC ME1386 | |
| Download: ML092740596 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 22, 2009 Mr. Gene F. St. Pierre Site Vice President clo Michael O'Keefe Seabrook Station NextEra Energy Seabrook, LLC P.O. Box 300 Seabrook, NH 03874
SUBJECT:
SEABROOK STATION, UNIT NO.1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME1386)
Dear Mr. St. Pierre:
By letter dated May 28, 2009, you submitted an affidavit dated April 28, 2009, executed by J.A.
Gresham, Manager, Regulatory Compliance and Licensing, Westinghouse Electric Company LLC, and 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-17071-P, "H*: Alternate Repair Criteria for the Tubesheet Expansion Region in Steam Generators with Hydraulically Expanded Tubes (Model F)," dated April 2009 (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 (ADAMS) 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.
(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 17, 2009, (ADAMS Accession No. ML092120155), 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
G. St. Pierre
- 2 10 CFR 2.390(b). By letter dated September 22,2009 (ADAMS Accession 1\\10. ML092680250),
the licensee provided a response to each item listed and the corrected pages for the subject WCAP report (ADAMS Accession Nos. ML092680251 and ML092680252 for the non proprietary and proprietary, respectively).
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 (ADAMS) Public Electronic Reading Room.
We have reviewed your two submittals, identified above, in accordance with the requirements of 10 CFR 2.390. On the basis of the statements in the affidavit, we have determined that the information sought to be withheld in the two submittals, as changed and as clarified, 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, please contact Dennis Egan at 301-415-2443.
Sincerely, U i:Off' Chief Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-443 cc: J.A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355 Additional Distribution via Listserv
- 2 10 CFR 2.390(b). By letter dated September 22,2009 (ADAMS Accession No. ML092680250),
the licensee provided a response to each item listed and the corrected pages for the subject WCAP report (ADAMS Accession Nos. ML092680251 and ML092680252 for the non proprietary and proprietary, respectively).
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 (ADAMS) Public Electronic Reading Room.
We have reviewed your two submittals, identified above, in accordance with the requirements of 10 CFR 2.390. On the basis of the statements in the affidavit, we have determined that the information sought to be withheld in the two submittals, as changed and as clarified, 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, please contact Dennis Egan at 301-415-2443.
Sincerely, Ira!
Harold K. Chernoff, Chief Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-443 cc: J.A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355 Additional Distribution via Listserv DISTRIBUTION:
Public LPL1-2 R/F RidsAcrsAcnw_MailCTR Resouce RidsNrrPMSeabrook Resource RidsNrrDorlLpl1-2 RidsNrrLAABaxter Resource RidsNrrDciCsgb Resource RidsOgcRp Resource RidsNrrRgn1 MailCenter ADAMS Accession No*.. ML092740596 OFFICE LPL1-2/PM LPL1-2 LA DCIICSGB/BC LPL1-2BC NAME DEgan ABaxter MGavriias (AJohnson for)
HChernoff DATE 10/6/09 10/6/09 10/19/09 10/22/09 OFFICIAL RECORD COpy