ML11217A003

Request for Withholding Information from Public Disclosure

ML11217A003
Person / Time
Site:	Turkey Point
Issue date:	08/16/2011
From:	Jason Paige Plant Licensing Branch II
To:	Nazar M Florida Power & Light Co
Paige, J C
References
TAC ME4470, TAC ME4471, WCAP-17094-P, Rev 2
Download: ML11217A003 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 16, 2011 Mr. Mano Nazar Executive Vice President and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420 SUB,IECT:

TURKEY POINT NUCLEAR PLANT, UNITS 3 AND 4 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. ME4470 AND 4471)

Dear Mr. Nazar:

By letter dated August 5,2010, you submitted an affidavit dated July 26,2010, executed by J. A Gresham, Manager, Regulatory Compliance and Plant Licensing, 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-17094-P, Revision 2, "Turkey Point, Units 3 and 4, New Fuel Storage Rack and Spent Fuel Pool Criticality Analysis" (Proprietary)

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library in the Agencywide Documents Access and Management System.

The affidavit 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.

We have reviewed 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.

M. Nazar

- 2 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 301-415-5888 or by email at Jason.Paige@nrc.gov.

SinllY,

~

(f Jqion C. Paige, Proje t Manager

~ant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251 cc:

J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355 Additional Distribution via Listserv

ML11217A003 OFFICE DORLlLPL2-2/PM DORLlLPL2-2/LA DORLlLPL2-2/BC DORLlLPL2-2/PM NAME JPaige (TOrf for)

BClayton DBroaddus JPaige DATE 08/09/11 08/09/11 08/16/11 08/16/11