ML14051A090

Request for Withholding Information from Public Disclosure - 7/23/13 Affidavit Executed by J. Gresham, Westinghouse Regarding WCAP-17262-P, Revision 1

ML14051A090
Person / Time
Site:	Fort Calhoun
Issue date:	03/10/2014
From:	Joseph Sebrosky Plant Licensing Branch IV
To:	Cortopassi L Omaha Public Power District
Sebrosky J
References
TAC MF2559, WCAP-17262-P, Rev 1
Download: ML14051A090 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 10, 2014 Mr. Louis P. Cortopassi Site Vice President and Chief Nuclear Officer Omaha Public Power District Fort Calhoun Station 9610 Power Lane, Mail Stop FC-2-4 Omaha, NE 68008

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR FORT CALHOUN STATION, UNIT NO.1 (TAC NO. MF2559)

Dear Mr. Cortopassi:

By letter dated August 5, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13220A073), Omaha Public Power District (the licensee) submitted an affidavit dated July 23, 2013, executed by J. A. Gresham, Westinghouse Electric Company LLC (Westinghouse), requesting that the following information be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

WCAP-17262-P, Revision 1, "Technical Bases for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Basis for Fort Calhoun Unit 1,"

July 2013 (Proprietary)

A nonproprietary version of this document has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and is available in ADAMS at Accession No. ML13220A074.

Westinghouse stated in its affidavit 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.

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

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

Therefore, the 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, please contact me at 301-415-1132 or via e-mail at joseph.sebrosky@nrc.gov.

Sincerely, J .:fK?!:

lant Licensing Branc Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-285 cc: J. A. Gresham, Manager Regulatory Compliance Westinghouse Electric Company Suite 428 1000 Westinghouse Drive Cranberry Township, PA 16066 Additional distribution via Listserv

ML14051A090 OFFICE NRRIDORULPL4-1/PM NRRJDORULPL4-1/LA NRR/DE/EPNB/BC NRR/DORLILPL4-1/BC NRR/DORULPL4-1/PM NAME JSebrosky JBurkhardt TLupold MMarkley JSebrosky DATE 02/25/14 2/25/14 02/26/14 03/07/14 03/10/14