ML22347A166

Letter Dated August 13, 2004, to Request to Revise Technical Specifications to Reflect Updated Spent Fuel Rack Criticality Analyses for Units 1 and 2

ML22347A166
Person / Time
Site:	Vogtle
Issue date:	12/20/2022
From:	John Lamb Plant Licensing Branch II
To:	Gayheart C Southern Nuclear Operating Co
References
Download: ML22347A166 (1)

Text

December 20, 2022 Ms. Cheryl A. Gayheart Regulatory Affairs Director Southern Nuclear Operating Co., Inc.

3535 Colonnade Parkway Birmingham, AL 35243

SUBJECT:

VOGTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2 - LETTER DATED AUGUST 13, 2004, TO REQUEST TO REVISE TECHNICAL SPECIFICATIONS TO REFLECT UPDATED SPENT FUEL RACK CRITICALITY ANALYSES FOR UNITS 1 AND 2

Dear Ms. Gayheart:

By letter dated August 13, 2004 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML042320393), Southern Nuclear Operating Company (SNC) submitted a license amendment request (LAR) to the U.S. Nuclear Regulatory Commission (NRC) to revise Technical Specifications (TSs) to reflect updated spent fuel rack criticality analyses for Vogtle Electric Generating Plant (Vogtle), Units 1 and 2.

In Enclosures 5 and 6 of letter dated August 13, 2004, SNC submitted Unit 1 Spent Fuel Pool Criticality Analysis Report, and Unit 2 Spent Fuel Pool Criticality Analysis Report, respectively (ML042320397 and ML042320413). Enclosures 5 and 6 state the following:

This document is the property of and contains Proprietary Information owned by Westinghouse Electric Company LLC and /or its subcontractors and suppliers. It is transmitted to you in confidence and trust, and you agree to treat this document in strict accordance with the terms and conditions of the agreement under which it was provided to you.

Based on the above statement, the NRC has maintained Enclosures 5 and 6 as non-publicly available. However, upon further review of the letter dated August 13, 2004, SNC failed to request withholding at the time the document was submitted, and the original submittal failed to comply with the document markings and affidavit requirements as set forth in Section 2.390, Public inspections, exemptions, requests for withholding, of Title 10 of the Code of Federal Regulations (10 CFR).

The regulation 10 CFR 2.390(b)(1) states:

The submitter shall request withholding at the time the document is submitted and shall comply with the document marking and affidavit requirements set forth in this paragraph. The NRC has no obligation to review documents not so marked to determine whether they contain information eligible for withholding under paragraph (a) of this section. Any documents not so marked may be made available to the public at the NRC Web site, http://www.nrc.gov or at the NRC Public Document Room.

C. Gayheart Unless SNC can show where compliance was demonstrated with document marking and an affidavit, or otherwise submit information to comply with the requirements of 10 CFR 2.390, the NRC intends to make Enclosures 5 and 6 publicly available within 30 days of the date of this letter.

If you have any questions regarding this matter, please contact me at 301-415-3100 or John.Lamb@nrc.gov.

Sincerely,

/RA/

John G. Lamb, Senior Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos.: 50-424 and 50-425 cc: Listserv

ML22347A166 OFFICE DORL/LPL2-1/PM DORL/LPL2-1/LA DSS/SNSB/BC (A) DSS/SFNB/BC NAME JLamb KGoldstein CPeabody SKrepel DATE 12/13/2022 12/14/2022 12/15/2022 12/15/2022 OFFICE OGC - NLO DORL/LPL2-1/BC DORL/LPL2-1/PM NAME LShrum MMarkley JLamb DATE 12/20/2022 12/20/2022 12/20/2022