ML22297A024

Resp to Req for Withholding Proprietary Info from Public Disclosure for Vogtle 3 and 4, ENC 2 and 4 to SNC Letter ND-22-0817, Req for Alternative (VEGP 3&4-ISI1-ALT-17)

ML22297A024
Person / Time
Site:	Vogtle
Issue date:	10/26/2022
From:	Bill Gleaves NRC/NRR/VPOB
To:	Gresham J, Whitley B Southern Nuclear Operating Co, Westinghouse
References
Download: ML22297A024 (3)

Text

October 26, 2022 Mr. Brian H. Whitley, Director Regulatory Affairs Southern Nuclear Operating Company 42 Inverness Center Parkway Birmingham, AL 35242 Mr. James A. Gresham, Manager Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Building 3, Suite 310 Cranberry Township, PA 16066

SUBJECT:

RESPONSE TO REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR THE VOGTLE ELECTRIC GENERATING PLANT, UNITS 3 AND 4 - DRAFT DOCUMENTS FOR DISCUSSION WITH STAFF - ENCLOSURE 2 AND 4 TO SOUTHERN NUCLEAR OPERATING COMPANY LETTER ND220817 FOR VOGTLE ELECTRIC GENERATING PLANT UNITS 3 AND 4, REQUEST FOR ALTERNATIVE (VEGP 3&4-ISI1-ALT-17)

REFERENCE:

CAW164509 and CAW174534

Dear Mr. Whitley and Mr. Gresham:

By email dated October 20, 2022 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22293A037), Southern Nuclear Operating Company (SNC) submitted affidavits, in Enclosures 5, 6, and 7, signed by Ms. Jamie M. Coleman, dated October 19, 2022, Mr. James A. Gresham dated November 18, 2016, and Mr. James A. Gresham dated January 19, 2017, respectively, requesting the information contained in Enclosure 2 and Enclosure 4 to the ND220817 SNC letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390, Public inspections, exemptions, requests for withholding. The non-proprietary (public) versions of the proprietary Enclosure 2 and Enclosure 4 may be found in ADAMS (ML22293A244).

The affidavits stated that, pursuant to 10 CFR 2.390, the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1. The information sought to be withheld from public disclosure is owned and held in confidence by SNC and Westinghouse Electric Company (Westinghouse).

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

3. The release of the information might result in the loss of an existing or potential competitive advantage to SNC and/or Westinghouse.

B. Whitley and J. Gresham 4. Other reasons are identified in Enclosure 2 to SNC letter ND220817 for VEGP Units 3 and 4, which includes Westinghouse Applications for Withholding Proprietary Information from Public Disclosure CAW164509 and CAW174534, accompany affidavits, Proprietary Information Notices, and Copyright notices, and those reasons are incorporated here by reference.

The information should be held in confidence for the following reasons (itemized as items (a),

(c), and (e)) in Enclosure 2 and Enclosure 4:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouses 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.

(e) The information reveals aspects of past, present, or future Westinghouse- or customer-funded development plans and programs of potential commercial value to Westinghouse.

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 affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the version(s) of 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 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.

In accordance with 10 CFR Part 2, Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or

B. Whitley and J. Gresham from the Publicly Available Records component of ADAMS. ADAMS is accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html.

If you have any questions regarding this matter, I may be reached at 3014155848.

Sincerely, Signed by Gleaves, William on 10/26/22 William Billy Gleaves, Sr. Project Manager Vogtle Project Office Branch Office of Nuclear Reactor Regulation Docket Nos. 52025 and 52026 cc: N. Chapman, SNC

Ltr ML22297A024 OFFICE NRR/VPO/VPOB NRR/VPO/VPOB NRR/VPO/VPOB NRR/VPO/VPOB NAME WGleaves WG RButler RB VHall VH WGleaves WG DATE Oct 24, 2022 Oct 25, 2022 Oct 25, 2022 Oct 26, 2022