ML24219A026

Request for Withholding Information from Public Disclosure

ML24219A026
Person / Time
Site:	Watts Bar
Issue date:	08/12/2024
From:	Kimberly Green Plant Licensing Branch II
To:	Jim Barstow Tennessee Valley Authority
Green K
References
EPID L-2023-LLA-0152
Download: ML24219A026 (1)

Text

August 12, 2024

James Barstow Vice President, Nuclear Regulatory Affairs and Support Services Tennessee Valley Authority 1101 Market Street, LP 4A -C Chattanooga, TN 37402-2801

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR WATTS BAR NUCLEAR PLANT, UNITS 1 AND 2 (EPID L-2023-LLA-0152)

Dear James Barstow:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated June 27, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24179A207),

Tennessee Valley Authority (TVA) submitted an affidavit dated June 20, 2024, executed by Zachary Harper, Senior Manager, Licensing for Westinghouse Electric Company, LLC, that requested the proprietary information contained in the following document be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

Response to EMIB-RCI-2 (Proprietary) and Responses to Requests for Additional Information (RAI) SNSB RAI-1 and SNSB RAI-2 (Proprietary)

A nonproprietary copy of this document has been placed in the NRCs Public Document Room and added to the NRC Library in ADAMS.

The affidavit provided the following reasons for withholding the proprietary information :

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse and is not customarily disclosed to the public.

(ii) The information sought to be withheld is being transmitted to the Commission in confidence and, to Westinghouses knowledge, is not available in public sources.

(iii) Westinghouse notes that a showing of substantial harm is no longer an applicable criterion for analyzing whether a document should be withheld from public disclosure. Nevertheless, public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justifications and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the

J. Barstow

information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The affidavit also stated that Westinghouse has policies in place to identify proprietary information, and that the information is held in confidence if it meets one or more criteria.

Westinghouse stated that the information in the subject document meets the following criteria:

(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.

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

We have reviewed TVAs submittal and the material in accordance with the requirements of 10 CFR 2.390 and, based on 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 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.

J. Barstow

If you have any questions regarding this matter, I may be reached at 301-415-1627.

Sincerely,

/RA/

Kimberly J. Green, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket Nos. 50- 390 and 50- 391

cc: Zachary Harper Senior Manager, Licensing Westinghouse Electric Company, LLC 1000 Westinghouse Drive Cranberry Township, Pennsylvania 16066

cc: Listserv

ML 24219A026 OFFICE NRR/DORL/LPL2-2/PM NRR/DORL/LPL2-2/LA NRR/DORL/LPL2-2/BC NRR/DORL/LPL2-2/PM NAME KGreen ABaxter DWrona KGreen DATE 08/05/24 08/ 07/24 08/ 12/24 08/ 12/24