ML14070A062

Request for Withholding Information from Public Disclosure - 2/14/14 Affidavit Executed by J. Gresham, Westinghouse SAP-14-27-P Attachment

ML14070A062
Person / Time
Site:	Wolf Creek
Issue date:	03/14/2014
From:	Lyon C Plant Licensing Branch IV
To:	Heflin A Wolf Creek
Lyon C
References
TAC MF2574
Download: ML14070A062 (4)

Text

Mr. Adam C. Heflin UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 14, 2014 President, Chief Executive Officer, and Chief Nuclear Officer Wolf Creek Nuclear Operating Corporation Post Office Box 411 Burlington, KS 66839

SUBJECT:

WOLF CREEK GENERATING STATION-REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MF2574)

Dear Mr. Heflin:

By letter dated February 25, 2014 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML14063A371), Wolf Creek Nuclear Operating Corporation (WCNOC) submitted an affidavit executed by James A. Gresham, Westinghouse Electric Company, dated February 14, 2014, requesting that information contained 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:

SAP-14-27 P-Attachment, "Response to Request for Additional Information Regarding License Amendment Request for the Transition to Westinghouse Core Design and Safety Analysis" (Proprietary)

The information is included in Enclosure I to WCNOC's letter dated February 25, 2014. A nonproprietary version of Enclosure I, designated as Enclosure II, to WCNOC's letter dated February 25, 2014, has been placed in the U.S. Nuclear Regulatory Commission's (NRC's)

Public Document Room and added to ADAMS in the NRC Library at Accession No. ML14063A371.

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

Further this information has substantial commercial value as follows:

(i)

Westinghouse plans to sell the use of the information to its customers for the purpose of meeting NRC requirements for licensing documentation.

(ii)

Westinghouse can sell support and defense of the technology to its customers in the licensing process.

(iii)

The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.

A Helflin Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar calculations and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.

In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.

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 affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the versions 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, please contact me at 301-415-2296 or via e-mail at fred.lyon@nrc.gov.

Docket No. 50-482 cc:

Distribution via Listserv James A. Gresham Sincerely, Carl F. Lyon, Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Manager, Regulatory Compliance Westinghouse Electric Company Engineering, Equipment and Major Projects 1000 Westinghouse Drive Cranberry Township, PA 16066

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