ML102040051

Withholding of Submitted Proprietary Information from Public Disclosure

ML102040051
Person / Time
Site:	Monticello
Issue date:	07/30/2010
From:	Tam P Plant Licensing Branch III
To:	O'Connor T Nuclear Management Co
Tam P
References
TAC MD9990
Download: ML102040051 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 30, 2010 Mr. Timothy J. O'Connor Site Vice President Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637

SUBJECT:

MONTICELLO NUCLEAR GENERATING PLANT - WITHHOLDING SUBMITTED PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD9990)

Dear Mr. O'Connor:

By letter dated June 30, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML102010479), you submitted information about the replacement steam dryer for extended power uprate operation. Among other things, the submittal includes:, Westinghouse Report WCAP-17085-P, "Monticello Replacement Steam Dryer Structural Evaluation for High-Cycle Acoustic Loads," Revision 1 (Accession No. ML102010473)., Westinghouse Report SES 09-127-P, "Monticello Steam Dryer Replacement - Structural Verification of Steam Dryer," Revision 2 (Accession No. ML102010474)., Westinghouse Report, SES 09-129-P, "Monticello - Steam Dryer Replacement Moisture Carryover Analysis," Revision 2 (Accession No. ML102010475)., Westinghouse Report, WCAP-17251-P, "Monticello Replacement Steam Dryer Four-Line Acoustic SubscaJe Testing Report," Revision 0 (Accession No. ML102010476)., Westinghouse Report, WCAP-17252-P, "Acoustic Loads Definition for the Monticello Steam Dryer Replacement Project," Revision 0 (Accession No. ML102010477)., Westinghouse Letter, LTR-A&SA-09-32, "Limit Curves for Monticello Power Ascension During 2011 Outage," Revision 2 (Accession No. ML102010477)., Westinghouse Letter, LTR-EP-1 0-059, "Monticello Replacement Steam Dryer Differential Pressure Methodology Discussion," Revision 1 (Accession No. ML102010477)., Westinghouse Letter, LTR-EP-10-062, "Monticello Replacement Steam Dryer Regulatory Guide 1.20, Compliance Matrix," Revision 1 (Accession No. ML102010477).

T. J. O'Connor

- 2 You included affidavits executed by Westinghouse Electric Company personnel, requesting that the above listed documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390, as follows:

Affidavit Executed by Date For Document R. M. Span, Principal Engineer June 24, 2010 J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing June 29, 2010 J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing June 18,2010 J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing June 16, 2010 J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing June 16, 2010 J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing June 24, 2010 J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing June 29, 2010 J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing June 29,2010 The affidavits stated that the Enclosures listed above should be considered exempt from mandatory public disclosure because:

(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.

(b)

It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

(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.

(d)

It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

T. J. O'Connor

- 3 (e)

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

(f)

It contains patentable ideas, for which patent protection may be desirable.

We have reviewed Westinghouse'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, the above listed documents, which are 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 301-415-1451.

Sincerely,

/{('1:.~

~kK:;'S:~il~ct Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: See next page

Monticello Nuclear Generating Plant cc: Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355 Additional Distribution via ListServ

T. J. O'Connor

- 3 (e)

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

(f)

It contains patentable ideas, for which patent protection may be desirable.

We have reviewed Westinghouse'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, the above listed documents, which are 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 301-415-1451.

Sincerely, IRAJ Peter S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: See next page DISTRIBUTION:

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