ML15103A402

Request for Withholding Information from Public Disclosure

ML15103A402
Person / Time
Site:	Turkey Point
Issue date:	05/26/2015
From:	Audrey Klett Plant Licensing Branch II
To:	Nazar M Florida Power & Light Co
Klett A, NRR/DORL/LPL2-2, 415-0489
References
TAC MF5798
Download: ML15103A402 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 26, 2015 Mr. Mano Nazar President and Chief Nuclear Officer Nuclear Division NextEra Energy P.O. Box 14000 Juno Beach, FL 33408-0420

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR TURKEY POINT NUCLEAR GENERATING UNIT NO. 3 (TAC NO. MF5798)

Dear Nazar:

By letter dated March 2, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15077A214), Florida Power & Light Company submitted an affidavit (reference CAW-15-4097) dated February 25, 2015, executed by Mr. Henry A. Sepp, Director, MCRE-Engineering Services, on behalf of Westinghouse Electric Company LLC (Westinghouse), requesting that information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

WCAP-17973-P, Revision 1, "Turkey Point Units 3 and 4 Pressurizer Heater Sleeve Flaw Evaluation to Support Half-Nozzle Repairs" (Proprietary), dated February 2015.

A non-proprietary version of the document, WCAP-17973-NP, Revision 1, "Turkey Point Units 3 and 4 Pressurizer Heater Sleeve Flaw Evaluation to Support Half-Nozzle Repairs" (Non-Proprietary), is publicly available in ADAMS at Accession No. ML15077A215.

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

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 evaluation 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.

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.

M. Nazar 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.

The U.S. Nuclear Regulatory Commission (NRC) staff reviewed the submittal in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the aforementioned document 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, the NRC may send copies of this information to its consultants working in this area. The NRC will ensure that its 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, the NRC should be promptly notified. The NRC may revisit this determination in the future if, for example, the scope of a Freedom of Information Act request includes this information. The NRC will notify you in advance of any public disclosure if the NRC makes such a determination.

M. Nazar If you have any questions regarding this matter, please contact me at (301) 415-0489 or Audrey.Klett@nrc.gov.

Sincerely, Audrey Klett, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-250 cc: Mr. James A. Gresham greshaja@westinghouse.com Manager, Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Building 3, Suite 310 Cranberry Township, PA 16066 Additional Distribution via Listserv

ML15103A402 *by e-mail OFFICE DORL/LPL2-2/PM DORL/LPL2-2/LAiT DORL/LPL2-2/LA NAME A Klett LRonewicz BClayton DATE 5/18/15 5/18/15 5/18/15 OFFICE DE/EVIB/BC(A)* DORL/LPL2-2/BC DORL/LPL2-2/PM NAME JPoehler SHelton A Klett DATE 5/7/15 5/22/15 5/26/15