ML103470607

Request for Withholding Information from Public Disclosure, 11/5/2010 Affidavit Executed by J. Gresham, Westinghouse, Re WCAP-17330-P

ML103470607
Person / Time
Site:	Wolf Creek
Issue date:	01/10/2011
From:	Balwant Singal Plant Licensing Branch IV
To:	Matthew Sunseri Wolf Creek
Singal, Balwant, 415-3016, NRR/DORL/LPL4
References
TAC ME5121
Download: ML103470607 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 January 10, 2011 Mr. Matthew W. Sunseri President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Post Office Box 411 Burlington, KS 66839

SUBJECT:

WOLF CREEK GENERATING STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME5121)

Dear Mr. Sunseri:

By letter dated November 30, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML103410455), Wolf Creek Nuclear Operating Corporation (WCNOC) submitted an affidavit dated November 5, 2010, 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-17330-P, Revision 0, "H*: Resolution of NRC Technical Issue Regarding Tubesheet Bore Eccentricity (Model F/Model 05)," November 2010 The proprietary version of the document and the Westinghouse affidavit are Enclosures I and III, respectively, to the letter dated November 30, 2010, 'from WCNOC to the U.S. Nuclear Regulatory Commission (NRC), for the Wolf Creek Generating Station.

A non-proprietary copy of the document, provided as Enclosure II to the letter dated November 30, 2010, has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room (ADAMS Accession No. ML103410453).

The licensee 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.

M. Sunseri -2 We have reviewed your application and 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 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 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 regarding this matter, I may be reached at (301) 415-3016.

Sincerely, b ~~ t S-'->0aY Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-482 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

" "" ML103470607 OFFICE NRR/LPL4/PM NRR/LPL4/LA NRR/DCI/CSGB/BC NRR/LPL4/BC NRR/LPL4/PM NAME BSingal JBurkhardt RTaylor MMarkley BSingal DATE 1/6/11 12116/10 1110111 1/10/11 1/10/11