ML13241A275
| ML13241A275 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 09/18/2013 |
| From: | John Lamb Division of Operating Reactor Licensing |
| To: | Emily Larson FirstEnergy Nuclear Operating Co |
| Lamb J | |
| References | |
| TAC ME9144, TAC ME9145 | |
| Download: ML13241A275 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 18, 2013 Mr. Eric A. Larson, Site Vice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-SEB1 P.O. Box 4, Route 168 Shippingport, PA 15077
SUBJECT:
BEAVER VALLEY POWER STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS.
ME9144 AND ME9145)
Dear Mr. Larson:
By letter dated July 25, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML12208A309), FirstEnergy Nuclear Operating Company (FENOC, the licensee) submitted a license amendment request (LAR) to the U.S. Nuclear Regulatory Commission (NRC) staff for Beaver Valley Power Station, Units 1 and 2, Technical Specification!) (TSs). The proposed LAR would modify TS 3.1.3, "Moderator Temperature Coefficient (MTC)," to exempt the normally required near-end-of-life MTC measurement from being performed under certain conditions. By letters dated December 28,2012 (ADAMS Accession No. ML12340A256). and May 9,2013 (ADAMS Accession No. ML13084A346), the NRC staff issued requests for additional information (RAls). By letter dated June 1, 2013 (ADAMS Accession No. ML13155A021), FENOC submitted a response to the RAls to the NRC staff.
As part of the supplemented RAI response, you submitted an affidavit dated April 25, 2013 (Enclosure to your letter dated June 1,2013), executed by Bradley F. Maurer of Westinghouse Electric Company, LLC (Westinghouse), requesting that 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:
- First Energy Nuclear Operating Company Letter L-13-074, Attachment 1, "Response to December 28,2012 Request for Additional Information (Proprietary Version)."
A nonproprietary version of the RAI response has been placed in the NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room. It may be found at ADAMS Accession No. ML13155A021.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
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.
E. Larson
- 2 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 your application and the material in accordance with requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the information from the June 1, 2013, submittal, sought to be withheld, contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the version of the submitted information marked 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.
Please contact me at 301-415-3100, if you have any questions.
G.Lamb~~r nt Licensing Bra 1-2 ivision of Operating Reactor Licensing ffice of Nuclear Reactor Regulation Docket Nos. 50-334 and 50-412 cc: B.F. Maurer Manager, ABWR Licensing Westinghouse Electric Company, LLC 1000 Westinghouse Drive, Suite 428 Cranberry Township. PA 16066 Additional distribution via Listserv
ML13241A275 OFFICE LPLI-2/PM LPLI-2/LA LPLI-2/BC (A)
LPL1-2/PM NAME JLamb ABaxter VRodriguez JLamb DATE 09/18/13 09/17/13 09/18/13 09/18/13