ML101110647

Request for Withholding Information from Public Disclosure

ML101110647
Person / Time
Site:	Waterford
Issue date:	05/03/2010
From:	Kalyanam N Plant Licensing Branch IV
To:	Entergy Operations
Kalyanam N, NRR/DORL/LPL4, 415-1480
References
TAC ME3420
Download: ML101110647 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 3, 2010 Vice President, Operations Entergy Operations, Inc.

Waterford Steam Electric Station, Unit 3 17265 River Road Killona, LA 70057-3093 SUB.JECT: WATERFORD STEAM ELECTRIC STATION, UNIT 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO.

ME3420)

Dear Sir or Madam:

By letter dated February 22,2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML100550606), you submitted an affidavit dated February 15, 2010, executed by Mr. J. A. Gresham of Westinghouse Electric Company, requesting 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-17187-P, Revision 0, "Technical Justification for Eliminating Pressurizer Surge Line Rupture as the Structural Design Basis for Waterford Steam Electric Station, Unit 3, Using Leak-Before-Break Methodology," February 2010 (Proprietary)"

A nonproprietary copy of this document, provided as Enclosure 1 to the letter dated February 22,2010, has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the ADAMS Public Electronic Reading Room in ADAMS Accession 1\10. ML100550607.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore withheld from disclosure to protect the Westinghouse competitive position.

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the, competition of those countries.

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

-2 submitted information sought to be withheld contains proprietary commercial information and should be withheld from pUblic disclosure.

Therefore, the version 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, please contact me at (301) 415-1480 or bye-mail at kaly.kalyanam@nrc.qov.

Sincerely, N. Kaly Kalyanam, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-382 cc: Distribution via Listserv J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355

ML101110647 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/DCI/CPNB NRR/LPL4/BC NRR/LPL4/PM NAME NKalyanam JBurkhardt TLupold JTsao for MMarkley NKalyanam DATE 4/30/10 4/28/10 4/29/10 5/3110 5/3/10