ML17348A978

Requests for Withholding Info from Public Disclosure

ML17348A978
Person / Time
Site:	Turkey Point
Issue date:	07/03/1991
From:	Rajender Auluck Office of Nuclear Reactor Regulation
To:	Dipiazza R FLORIDA POWER & LIGHT CO.
References
CAW-90-051, CAW-90-085, CAW-90-51, CAW-90-85, NUDOCS 9107110274
Download: ML17348A978 (4)

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 July 3, 1991 Docket Nos.

50-250 and 50-251 Mr. R.

P. DiPiazza Manager of Operating Plant Licensing Support Westinghouse Electric Corporation P.O.

Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

TURKEY POINT UNITS 3 AND 4 - REQUESTS FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAW-90-051 AND CAW-90-085)

By your application and affidavit dated November 5, 1990, you submitted WCAP-12632, Revision 1

"RTD Bypass Elimination Licensing Report for Turkey Point Units 3 and 4," dated November 1990 and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

By letter dated April 2, 1991, Westinghouse submitted a revised authorization letter for WCAP-12632, Revision 1.

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

2.

The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse; H

The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public; 3.

The information has been transmitted to and received by the Commission in confidence; l

4.

The information sought to be protected is not available in public sources; and 5.

Public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of Westinghouse because the information is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of actions to remove the existing RTD bypass system and replace it with fast-response thermowell mounted RTD's in the reactor coolant loop piping.

Therefore, Westinghouse plans to sell the use of similar information to its customers for purposes of satisfying NRC requirements for licensing documentation.

e R.

P. DiPiazza July 3, 1991 We have reviewed your affidavits and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information.

Therefore, WCAP-12632, Revision 1, "RTD Bypass Elimination Licensing Report for Turkey Point Units 3 and 4" dated November 1990 marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as amended.

Withholding from public disclosure shall not affect the right, if any, of persons proper ly 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 should also 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.

S incerely, (Original Signed By) cc:

See next page DISTRIBUTION Rajender Auluck, Sr. Project Manager Project Directorate II-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation NRC 5 LPDRS PD22 Rdg File HBerkow GLainas RAuluck DMi 1 1er OGC (MPSiemien)

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LETTER TO DIPIAZZA

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Mr. R. P. DiPiazza Westinghouse Electric Corporation Turkey Point Plant CC:

Harold F. Reis, Esquire Newman and Holtzinger, P.C.

1615 L Street, N.W.

Washington, DC 20036 Jack Shreve, Public Counsel Office of the Public Counsel c/o The Florida Legislature ill West Madison Avenue, Room 812 Tallahassee, Florida 32399-1400 John T. Butler, Esquire

Steel, Hector and Davis 4000 Southeast Financial Center Miami, Florida 33131-2398 Mr. Thomas F. Plunkett, Site Vice President Turkey Point Nuclear Plant Florida Power and Light Company P.O.

Box 029100 Miami, Florida 33102 Joaquin Avino County Manager of Metropolitan Dade County 111 NW 1st Street, 29th Floor Miami, Florida 33128 Senior Resident Inspector Turkey Point Nuclear Generating Station U.S. Nuclear Regulatory Commission Post Office Box 1448 Homestead, Florida 33090 Mr. Jacob Daniel Nash Office of Radiation Control Department of Health and Rehabilitative Services 1317 Winewood Blvd.

Tal lahassee, Florida 32399-0700 Intergovernmental Coordination and Review Office of Planning 5 Budget Executive Office of the Governor The Capitol Building Tallahassee, Florida 32301 Administrator

. Department of Environmental Regulation Power Plant Siting Section State of Florida 2600 Blair Stone Road Tallahassee, Florida 32301 Regional Administrator, Region II U.S. Nuclear Regulatory Commission 101 Marietta Street, N.W. Suite 2900 Atlanta, Georgia 30323 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Plant Manager Turkey Point Nuclear Plant Florida Power and Light Company P.O.

Box 029100 Miami, Florida 33102 Mr. R.

E. Grazio Director, Nuclear Licensing Florida Power and Light Company P.O.

Box 14000 Juno

Beach, Flori.da 33408-0420 Mr. J.

H. Goldberg President - Nuclear Division Florida Power and Light Company P.O.

Box 14000 Juno Beach, Florida 33408-0420