ML24276A230

Westinghouse Topical Report – Request for Withholding Information from Public Disclosure

ML24276A230
Person / Time
Site:	Turkey Point
Issue date:	10/16/2024
From:	Perry Buckberg Plant Licensing Branch II
To:	Harper Z Westinghouse
Buckberg, P. NRR/DORL 415-1383
References
EPID L-2023-LLA-0142
Download: ML24276A230 (1)

Text

October 16, 2024

Zachary Harper Consulting Engineer, Licensing Westinghouse Electric Company 1000 Westinghouse Drive, Building 1 Cranberry Township, PA 16066

SUBJECT:

WESTINGHOUSE TOPICAL REPORT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISC LOSURE (EPID L-2023-LLA-0142)

Dear Zachary Harper:

By letter dated September 18, 2024, Westinghouse Electric Company (WEC) submitted Errata Pages for topical report WCAP-18830-P (Proprietary) and WCAP-18830-NP (Non-Proprietary),

Turkey Point Fuel Storage Criticality Analysis for 24 Month Cycles, with an affidavit dated September 18, 2024, executed by Zachary Harper, Consulting Engineer, Licensing for WEC.

The affidavit requests that information contained in the following be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

LTR-NRC-24-37, Revision 1, Enclosure 1 - Errata Pages for WCAP-18830-P (proprietary version)

A nonproprietary copy of the document is available in the Agencywide Documents Access and Management System (ADAMS) Accession No. ML24262A229. The affidavit can be found under ADAMS Accession No. ML24262A227.

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

(4) Pursuant to 10 CFR 2.390, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.

(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 Westinghouse's 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 Z. Harper

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

The U.S. Nuclear Regulatory Commission (NRC) st aff has reviewed the submittal in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, has 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 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 revi ew 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, please contact me at (301) 415-1383 or Perry.Buckberg@nrc.gov.

Sincerely,

/RA/

Perry H. Buckberg, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket Nos. 50-250 and 50-251

cc: Jerrod Ewing, Manager Licensing Engineering Westinghouse Electric Company 1000 Westinghouse Drive Cranberry Township, PA 16066

Listserv

ML24276A230 OFFICE NRR/DORL/LPLII-2/PM NRR/DORL/LPLII-2/LA NRR/DSS/SFNB/BC NAME PBuckberg ABaxter SKrepel DATE 10/02/2024 10/07/2024 10/10/2024 OFFICE NRR/DORL/LPLII-2/BC NRR/DORL/LPLII-2/PM NAME DWrona PBuckberg DATE 10/16/2024 10/16/2024