ML23159A208

Request for Withholding Information from Public Disclosure

ML23159A208
Person / Time
Site:	Comanche Peak
Issue date:	12/20/2023
From:	Dennis Galvin Plant Licensing Branch IV
To:	Peters K Vistra Operations Company
Galvin D
References
EPID L-2022-LLA-0171
Download: ML23159A208 (1)

Text

December 20, 2023 Mr. Ken J. Peters Senior Vice President and Chief Nuclear Officer Attention: Regulatory Affairs Vistra Operations Company LLC Comanche Peak Nuclear Power Plant 6322 N FM 56 P.O. Box 1002 Glen Rose, TX 76043

SUBJECT:

COMANCHE PEAK NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2 -

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2022-LLA-0171)

Dear Mr. Peters:

By letter dated June 1, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23152A266), Jay J. Lloyd of your staff submitted an affidavit dated May 31, 2023, executed by Zachary Harper, Senior Manager, Licensing Engineering, for Westinghouse Electric Company LLC, requesting that the information contained in the following document (enclosure 1 of the letter dated June 1, 2023) be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

Responses to RAIs - Proprietary, NF-TB-23-041, Revision 1 A nonproprietary copy of this document, contained in enclosure 2 of the letter dated June 1, 2023, has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in ADAMS at Accession No. ML23152A266.

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.

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

K. Peters submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version 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 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 regarding this matter, I may be reached at 301-415-6256 or by email at Dennis.Galvin@nrc.gov.

Sincerely,

/RA/

Dennis J. Galvin, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-445 and 50-446 cc: Listserv

ML23159A208 *via e-mail OFFICE NRR/DORL/LPL4/PM NRR/DORL/LPL4/LA* NRR/DSS/SNSB/BC*

NAME DGalvin PBlechman PSahd DATE 6/8/2023 6/8/2023 12/20/2023 OFFICE NRR/DORL/LPL4/BC* NRR/DORL/LPL4/PM JRankin (JDixon-Herrity NAME for) DGalvin DATE 12/20/2023 12/20/2023