ML110690247

Request for Withholding Information from Public Disclosure (Tac Nos. ME5067 and ME5068)

ML110690247
Person / Time
Site:	Vogtle
Issue date:	05/16/2011
From:	Patrick Boyle Plant Licensing Branch II
To:	Ajiuni M Southern Nuclear Operating Co
Boyle, Patrick, NRR/DORL/LPL2-1/415-3936
References
TAC ME5067, TAC ME5068
Download: ML110690247 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 16, 2011 Mr. M. J. Ajluni Nuclear Licensing Director Southern Nuclear Operating Company, Inc.

40 Inverness Center Parkway P. O. Box 1295, Bin - 038 Birmingham, AL 35201-1295 SUB~IECT: VOGTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS.

ME5067 AND ME5068)

Dear Mr. Ajluni:

By letter dated November 23,2010 (NL-1 0-21 04) Southern Nuclear Operating Company, Inc.

(SNC, the licensee) (Agencywide Documents Access and Management System (ADAMS),

Accession No. ML103300241), submitted multiple affidavits executed by J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, and B. F. Maurer. Manager, ABWR

[Advanced Boiling Water Reactor] Licensing, Westinghouse Electric Company, LLC (Westinghouse), requesting Enclosures 4.7.10 and 13 of the license amendment request (LAR) to be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR). Part 2, Section 2.390. to the November 23,2010, LAR (ADAMS Accession No. ML103300250) is a Westinghouse technical paper entitled "WCAP-17330-P, H*: Resolution of NRC Technical Issue Regarding Tubesheet Bore Eccentricity (Model F/Model D5)," (Proprietary), dated November 2010, enclosed to Westinghouse letter dated November 5, 2010 (CAW-10-2993). Enclosure 6 to the November 23,2010, LAR, is a letter from Westinghouse dated November 5,2010 (CAW-10-2993), "Application for Withholding Proprietary Information from Public Disclosure",

(ADAMS Accession No. ML103300242), enclosing an affidavit dated November 5,2010 executed by J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse, requesting that the information contained in the associated document be withheld from public disclosure pursuant to 10 CFR Part 2, Section 2.390. Enclosure 5 to the LAR dated November 23, 2010, is a non-proprietary version of this document. which has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room (PDR) and is publicly available in ADAMS under Accession No. ML103300242. to the November 23.2010, LAR (ADAMS Accession No. ML103300252) is a Westinghouse document entitled "L TR-SGMP-1 0-78, Effects of Tubesheet Bore Eccentricity and Dilation on Tube-to-Tubesheet Contact Pressure and their Relative Importance to H*," dated September 7,2010 (Proprietary). Enclosure 9 to the November 23,2010, LAR is a Westinghouse letter dated September 13, 2010, CAW-10-2939, "Application for Withholding Proprietary Information from Public Disclosure" (ADAMS Accession No. ML103300243),

enclosing an affidavit dated September 13, 2010, executed by J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing. Westinghouse, requesting that the information contained in the associated document be withheld from public disclosure pursuant to 10 CFR Part 2, Section 2.390. Enclosure 8 to the November 23, 2010, LAR is a non-proprietary version

M. Ajluni -2 of this document, which has been placed in the NRC's PDR and is publicly available in ADAMS under Accession No. ML103300243. 0 to the November 23, 2010, LAR (ADAMS Accession No. ML103300253) is a Westinghouse document, "LTR-SGMP-1 0-33 P-Attachment, "H*: Response to NRC Questions Regarding Tubesheet Bore Eccentricity" (Proprietary), dated September 2010. Enclosure 12 to the November 23, 2010, LAR is a letter from Westinghouse dated September 20, 2010, CAW-10-2955, "Application for Withholding Proprietary Information from Public Disclosure" (ADAMS Accession No. ML103300244), with an affidavit executed by J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, Westinghouse, requesting that the information contained in the associated document be withheld from public disclosure pursuant to 10 CFR Part 2, Section 2.390. Enclosure 11 to the November 23, 2010, LAR is a non-proprietary version of this document, which has been placed in the NRC's PDR and is publically available in ADAMS under Accession No. ML103300244. 3 to the November 23, 2010, LAR (ADAMS Accession No. ML103300254) is a Westinghouse document entitled, "LTR-SGMP-09-111 P-Attachment, Rev 1, Acceptable Value of the Location of the Bottom of the Expansion Transition (BET) for Implementation of H*"

(Proprietary), dated September 2010. Enclosure 15 to the November 23, 2010, LAR is a letter dated September 8, 2010, "Application for Withholding Proprietary Information from Public Disclosure", CAW-10-2936 (ADAMS Accession No. ML103300251) with an enclosed affidavit executed by B. F. Maurer, Manager, ABWR Licensing, Westinghouse, requesting that the information contained in the associated document be withheld from public disclosure pursuant to 10 CFR Part 2, Section 2.390. Enclosure 14 to the November 23,2010, LAR is a non proprietary version of this document, which has been placed in the NRC's PDR and is publicly available in ADAMS under Accession No. ML103300251.

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

(a) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(b) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:

(1) 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

M. Ajluni - 3 Westinghouse constitutes a competitive economic advantage over other companies.

(2) 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.

(3) 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.

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

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

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

There are sound policy reasons behind the Westinghouse system which include the following:

(c) 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.

(d) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

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

(f) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, anyone component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(g) 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.

M. Ajluni -4 (h) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

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 submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the enclosures to the November 23, 2010 letter (NL-1 0-21 04) 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 301-415-3936.

Sincerely, fk~!kd~

Patrick G. Boyle, Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-424 and 50-425 cc: Distribution via Listserv cc: Mr. J. A. Gresham Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P. O. Box 355 Pittsburgh, PA 15230-0355

'.. ML110690247 OFFICE

, NAME NRR/LPL2-1/PM PBoyle NRRlLPL2-1/LA MO'Brien NRRlCSGB/BC RTaylor NRRlLPL2-1/BC GKulesa NRRlLPL2-1/PM PBoyle

=l1 I DATE 4/27/11 4127/11 4/27/11 5/11/11 5116/11 II