ML13318A029

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Request for Withholding Information from Public Disclosure, 10/14/13 Affidavit Executed by J. Gresham, Westinghouse Regarding WCAP-17728-P, Revision 1
ML13318A029
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 03/19/2014
From: Balwant Singal
Plant Licensing Branch IV
To: Flores R
Luminant Generation Co
Singal B
References
TAC MF1365, TAC MF1366
Download: ML13318A029 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Rafael Flores Senior Vice President and Chief Nuclear Officer Attention: Regulatory Affairs Luminant Generation Company LLC P.O. Box 1002 Glen Rose, TX 76043 March 19, 2014

SUBJECT:

COMANCHE PEAK NUCLEAR POWER PLANT, UNITS 1 AND 2-REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MF1365 AND MF1366)

Dear Mr. Flores:

By letter dated October 22, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13309A026), Luminant Generation Company LLC (Luminant) submitted an affidavit dated October 14, 2013, executed by J. A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company (Westinghouse), requesting that information designated proprietary in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 0 CFR), Part 2, Section 2.390:

Comanche Peak Nuclear Power Plant, Units 1 and 2 Spent Fuel Pool Criticality Safety Analysis, WCAP-17728-P, Revision 1, October 2013 (Proprietary)

The proprietary version of the document and the Westinghouse affidavit are Enclosures 1 and 3, respectively, to the letter dated October 22, 2013, from Luminant to the U.S. Nuclear Regulatory Commission (NRC), for the Comanche Peak Nuclear Power Plant, Units 1 and 2.

A non-proprietary copy of the document, provided as Enclosure 2 to the letter dated October 22, 2013, has been placed in the NRC's Public Document Room and added to the NRC Library at ADAMS Accession No. ML13309A027.

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 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 information sought to be withheld in the submittal, 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 1 03(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.

Docket Nos. 50-445 and 50-446 cc:

J. A. Gresham, Manager Regulatory Compliance Westinghouse Electric Company Suite310 1 000 Westinghouse Drive Cranberry Township, PA 16066 Additional Distribution via Listserv Sincerely, b~+-~,~~

Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

  • ML13318A029 OFFICE NRRIDORULPL4-1/PM NRR/DORULPL4-1/LA NAME BSingal JBurkhardt DATE 12/6/13 12/6/13 Sincerely, Ira/

Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation RidsNrrPMComanchePeak Resource RidsNrrLAJBurkhardt Resource RidsRgn4Mai1Center Resource KWood, NRR/DSS/SRXB APatel, NRR/DSS/SRXB NRRIDSS/SRXB/BC NRRIDORULPL4-1/BC CJackson MMarkley 3/18/14 3/19/14 NRR/DORULPL4-1/PM BSingal 3/19/14