ML17297B797

Request for Withholding Information from Public Disclosure (CAC No. MF9307; EPID L 2017-LLA-0211)

ML17297B797
Person / Time
Site:	Wolf Creek
Issue date:	10/31/2017
From:	Balwant Singal Plant Licensing Branch IV
To:	Heflin A Wolf Creek
Singal B, NRR/DORL/LPL4
References
CAC MF9307, EPID L-2017-LLA-0211
Download: ML17297B797 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20555-0001 October 31, 2017 Mr. Adam C. Heflin President, Chief Executive Officer, and Chief Nuclear Officer Wolf Creek Nuclear Operating Corporation Post Off ice Box 411 Burlington, KS 66839

SUBJECT:

WOLF CREEK GENERATING STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NO. MF9307; EPID L-2017-LLA-0211)

Dear Mr. Heflin:

By letter dated October 18, 2017, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17297A478), Wolf Creek Nuclear Operating Corporation (the licensee) submitted an affidavit dated October 17, 2017 (CAW-17-4663), to the U.S. Nuclear Regulatory Commission (NRC), executed by Mr. James A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company LLC (Westinghouse), requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 1O of the Code of Federal Regulations (1 O CFR), Part 2, Section 2.390:

Attachment 3 to LTR-LIS-17-353 [Westinghouse letter]1, Revision 0, "Response to Nuclear Regulatory Commission Request for Additional Information Regarding Wolf Creek Generating Station Transition to Westinghouse Methodologies and Safety Analyses" (Proprietary).

A nonproprietary version of the document is provided as Enclosure I to the letter dated October 18, 2017, has been placed in the NRC's Public Document Room and added to the NRC Library in ADAMS at the above-referenced Accession No. ML17297A478.

The affidavit stated 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.

1 Westinghouse letter LTR-LIS-17-353 provided request for additional information input to Wolf Creek Nuclear Corporation and was not submitted on the Docket.

A. Heflin 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.

If you have any questions, please contact me at 301-415-3016 or via e-mail at Balwant.Sinqal@nrc.gov.

Sincerely, p_)~---\ ~I~~

Balwant K. Singal, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-482 Enclosure As stated cc: James A. Gresham Manager, Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Building 3, Suite 310 Cranberry Township, PA 16066 Additional Distribution via Listserv

ML172978797 OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA NRR/DSS/SNPB/BC NRR/DORL/LPL4/BC NRR/DORL/LPL4/PM NAME BSingal PBlechman Rlukes RPascarelli BSingal DATE 10/26/2017 10/25/2017 10/26/2017 10/28/2017 10/31/2017