ML093140805

Request for Withholding Information from Public Disclosure

ML093140805
Person / Time
Site:	Kewaunee
Issue date:	11/24/2009
From:	Tam P Plant Licensing Branch III
To:	Heacock D Dominion Energy Kewaunee
Tam P
References
TAC ME2139
Download: ML093140805 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 24 2009 Mr. David A. Heacock President and Chief Nuclear Officer Dominion Nuclear Dominion Energy Kewaunee, Inc.

Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711

SUBJECT:

KEWAUNEE POWER STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME2139)

Dear Mr. Heacock:

By letter dated August 24, 2009 (Agencywide Documents Access and Management System (ADAMS) Accession No. N1L092440398), Mr. Leslie N. Hartz submitted an application for amendment, proposing to convert the current custom Technical Specifications to the Improved Standard Technical Specifications format. The subject application included an affidavit executed by Mr. J. A. Gresham on July 21,2009, requesting that Attachment 3, "License Amendment 249, Kewaunee Power Station Conversion to Improved Technical Specifications, Applicability of WCAP-14333 and WCAP 15376 to Kewaunee Power Station" be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

The affidavit stated that the revised pages of Attachment 3 should be considered exempt from mandatory public disclosure because these pages contain:

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.

We have reviewed Mr. Gresham's affidavit in accordance with the requirements of 10 CFR 2.390, and on the basis of its statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, Attachment 3, which is 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.

We have released to the public the non-proprietary version of the subject document, identified as Attachment 4 of the August 24,2009, application (ADAMS Accession No. N1L092440434).

D. A. Heacock

- 2 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 !\\IRC 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 301-415-1451.

C?~t::

v Peter S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-305 cc w/encl: Distribution via ListServ cc: Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania, 15230-0355

D. A. Heacock

- 2 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 301-415-1451.

Sincerely, IRA!

Peter S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-305 cc w/encl: Distribution via ListServ cc: Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania, 15230-0355 DISTRIBUTION PUBLIC RidsNrrDorlLpl3-1 Resource RidsNrrPMPTamResource RidsNrrLATHarrisResource RidsOgcMailCenterResource RidsAcrsAcnw_MailCTRResource RidsNrrDirsltsb RidsRgn3MailCenterResource RidsNrrDorlDprResource LPL 3-1 R/F Accession No'.. ML093140805 OFFICE LPL3-1/PM LPL3-1/LA ITSB/BC LPL3-1/BC NAME PTam THarris REIliot (CSchulten for)

RPascarelli DATE 11/20/09 11/17/09 11/23/09 11/24/09 OFFICIAL RECORD COPY