ML14122A245

Request for Withholding Information from Public Disclosure, 3/26/13 Affidavit Executed by C. M. Molnar, Westinghouse, Re.: LTR-RAM-II-10-046, Rev. 3

ML14122A245
Person / Time
Site:	Fort Calhoun
Issue date:	05/22/2014
From:	Joseph Sebrosky Plant Licensing Branch IV
To:	Cortopassi L Omaha Public Power District
Sebrosky J
References
TAC ME7244
Download: ML14122A245 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 22, 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. ME7244)

Dear Mr. Cortopassi:

By letter dated April 23, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML13116A015), Omaha Public Power District (OPPD, the licensee) submitted an affidavit dated March 26, 2013, executed by C. M. Molnar, 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 (1 0 CFR), Part 2, Section 2.390:

LTR-RAM-11-10-046, Rev. 3, "OPPD NFPA-805, Task 7.17: Fire PRA Self-Assessment, ASME/ANS RA-Sa-2009 Roadmap and Peer Review History for the Internal Events PRA and the Fire PRA of Fort Calhoun Station," June 8, 2012 (Proprietary)

Due to the extent of proprietary information contained in this document, Westinghouse was not required to submit a non-proprietary version.

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.

(b)

It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

(c)

Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d)

Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive

advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(e)

Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

(f)

The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

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

Therefore, L TR-RAM-11-1 0-046, Rev. 3, "OPPD NFPA-805, Task 7.17: Fire PRA Self-Assessment, ASME/ANS RA-Sa-2009 Roadmap and Peer Review History for the Internal Events PRA and the Fire PRA of Fort Calhoun Station," dated June 8, 2012, 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 U.S. Nuclear Regulatory Commission (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.

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

ML14122A245 OFFICE NRRIDORULPL4-1/PM NRRIDORULPL4-1/LA NRRIDRAIAPLAIBC NRRIDORULPL4-1/BC NRRIDORULPL4-1/PM NAME JSebrosky JBurkhardt HHamzehee MMarkley JSebrosky DATE 5/19/14 5/15/14 5/21/14 5/22/14 5/22/14