ML15051A330
| ML15051A330 | |
| Person / Time | |
|---|---|
| Site: | Vogtle, Farley  |
| Issue date: | 02/27/2015 |
| From: | Shawn Williams Plant Licensing Branch II |
| To: | Pierce C Southern Nuclear Operating Co |
| Williams S | |
| References | |
| TAC MF4828, TAC MF4829, TAC MF4889, TAC MF4890 | |
| Download: ML15051A330 (4) | |
Text
Mr. C. R. Pierce Regulatory Affairs Director UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 27, 2015 Southern Nuclear Operating Company, Inc.
P. 0. Box 1295 I Bin - 038 Birmingham, AL 35201-1295
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MF4828, MF4829, MF4889, MF4890)
Dear Mr. Pierce:
By letter dated February 13, 2015, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15050A253) you submitted an affidavit dated February 12, 2015, executed by James A. Gresham on behalf of Westinghouse Electric Company LLC, and requested that the information contained in the following document be withheld from public disclosure pursuant to Title 1 O of the Code of Federal Regulations (1 O CFR), Part 2, Section 2.390:
"Response to Request for Additional Information Regarding the License Amendment Request to Revise Technical Specification Surveillance Requirement 3.1.3.2 and Specification 5.6.5 (Proprietary)"
A nonproprietary version of this document can be found in ADAMS Accession No. ML15050A253.
- The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following specific reasons:
- a. The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
- b. The 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 associated with End of Life Moderator Temperature Coefficient Elimination submittals.
(ii)
Westinghouse can sell support and defense of industry guidelines and acceptance criteria for plant-specific applications.
(iii)
The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by Westinghouse.
C. c.
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 technical evaluati6n justifications 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.
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, the submitted 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.
C. If you have any questions regarding this matter, I may be reached at 301-415-1009.
Docket Nos. 50-348, 50-364, 50-424, 50-425 cc:
Westinghouse Electric Company LLC 1000 Westinghouse Drive Cranberry Township, PA 16066 Additional distribution via Listserv Sincerely, Shawn Williams, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
ML15051A330 Sincerely,
/RA/
Shawn Williams, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation OFFICE NRR/LPL2-1/PM NRR/LPL2-1/LA NRR/LPL2-1/BC NRR/LPL2-1/PM NAME SWilliams SFigueroa BPascarelli SWilliams DATE 02/24/15 02/24/15 02/26/15 02/27/15