NOC-AE-03001523, Letter, Bottom Mounted Instrumentation Forced Outage

Letter, Bottom Mounted Instrumentation Forced Outage

ML031631220
Person / Time
Site:	South Texas
Issue date:	04/29/2003
From:	Jordan T South Texas
To:	Merschoff E Region 4 Administrator
Thadani M, NRR/DLPM, 415-1476
References
NOC-AE-03001523
Download: ML031631220 (6)

Text

361 972 8298 P.02 APR-30-2003 FF'R-30-2003 09:54 09: 54 STPEGS STPEGS 361 972 8298 P.02 Nuclear Operating Company April 29, 2003 NOC-AE-03001523 10CER2.790 Ellis W. Merschoff Regional Adninistrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, Texas 76011-8064 South Texas Project Unit 1 Docket No. STN 50-498 Bottom Mounted Instrumentation Forced Outage This letter formally subniits information regarding the bottom mounted instrumentation (BMI) forced outage that was e-mailed to the NRC Region IV Office on April 24, 2003.

Attachment 1 to this letter provides an application for withholding confidential information that identifies the information sought to be withheld and provides the reasons that the information should be withheld.

Attachment 3 provides a copy of the confidential information previously submitted by e-mail.

Attachment 2 provides a non-confidential version of Attachment 3.

If there are any questions regarding this submittal, please contact Mr. Scott Head at (361) 972-7136 or me at (361) 972-7902.

oran Vice President, Engineering & Technical Services jtc Attachments: (1) Application and Affinnationfor Withholding Confidential Information (2) BMI Outage Schedule and Milestones (Non-Confidential)

(3) BMI Outage Schedule and Milestones (Confidential)

APR-30-2003 09:54 STPEGS 361 972 8299 P.03 NOC-AE-03001523 Page 2 of 2 cc: w/o Attachment 3 (except *)

(paper copy) (electronic copy)

Ellis W. Merschoff A. H. Gutterman, Esquire Regional Administrator, Region IV Morgan, Lewis & Bockius LP U.S. Nuclear Rcgulatory Commission 611 Ryan Plaza Drive, Suite 400 L. D. Blaylock Arlington, Texas 76011-8064 City Public Service

• U. S. Nuclear Regulatory Commission Mohan C. Thadani Attention: Document Control Desk U. S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike R. L. Balcom Rockville, MD 20852 Texas Genco, LP Richard A. Ratliff A. Ranirez Bureau of Radiation Control City of Austin Texas Department of Health 1100 West 49th Street C. A. Johnson Austin, TX 78756-3189 AEP Texas Central Company

• Comelius F. O'Keefe Jon C. Wood U. S. Nuclear Regulatory Commission Matthews & Branscomb P. 0. Box 289, Mail Code: MIN1I6 Wadsworth, TX 77483 C. M. Canady City of Austin Electric Utility Department 721 Barton Springs Road Austin, TX 78704

RPR-30-2003 09:54 STPEGS 361 972 8298 P.04 NOC-AE-03001523 ATTACHMENT 1 Application and Affirmation for Withholding Confidential Information

APR-30-2003 09:54 STPEGS 361 972 8298 P.05 NOC.AE-03001523 Attachment 1 Page 1 of 4 Application and Affirmation for Withholding Confidential Information The confidential information for which withholding is being requested is in Attachment 3 to this letter and is further identified in the attachment signed under affirmation by the owner of the inforrnation, STP Nuclear Operating Company (STPNOC). The attachment sets forth the basis on which the information may be withheld from public disclosure by the NRC and addresses with specificity the considerations listed in 10CFR2.790 (b)(4).

APR-30-2003 09: 54 STPEGS 361 972 8298 P.06 NOC-AE-03001523 Attachment 1 Page 2 of 4 (1) I am Thomas J. Jordan, Vice President, Engineering & Technical Services, STP Nuclear Operating Company (STPNOC). I have been specifically delegated the function of reviewing the confidential information sought to be withheld from public disclosure in connection with the South Texas Project Unit 1 return to service, and I am authorized to apply for its withholding on behalf of STPNOC.

(2) r am making this affidavit in accordance with the provisions of 10CFR2.790 and in conjunction with the STPNOC application for withholding accompanying this affidavit.

(3) I have personal knowledge of the criteria and Adninistrative Policy utilized by STPNOC in designating this information as confidential.

(4) The confidential information sought to be withheld is schedule infomnation that would indicate the dates upon which actions will be taken, the ending date of the outage, or the duration of the outage.

(5) Pursuant to the provisions of paragraph (b)(4) of 10CFR2.790, the following is fumished for consideration by the NRC in determining whether the infonnation sought to be withheld from public disclosure should be withheld.

(i) The information sought to be withheld from public disclosure is owned by and has been withheld from the general public by STPNOC.

(ii) The information is of a type customaily held in confidence by STPNOC and not customarily disclosed to the general public. STPNOC has a rational basis for determining the types of infonation customarily held in confidence and uses an Administrative Policy to determine when and whether to hold certain types of information in confidence. Under that Policy, information is held in confidence if it falls into one or more of several types, the release of which might result in financial damage STPNOC or the Owners of STP, as follows:

(a) The information is "confidential" data or information conceming the operations of STPNOC that is not in the public domain.

(b) The information is 'inside information" about an Owner or its business activities that has not been generally disclosed to the public and which could affect the market value of the Owners' stocks or the value of the South Texas Project.

(c) The release to outside parties of "confidential" infonnation such as unit operating schedules that has not been publicly announced can constitute a conflict of inerest.

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-09: 55 TP . 9 2 8 RFR-30-2003 STPEGS 361 972 8298 P.07 NOC-AE-03001523 Attachment I Page 3 of 4 There are sound reasons behind the STPNOC Policy:

(a) Information regarding the dates and durations of outages could have an adverse impact on the price paid for replacement power during the outage.

(b) Information regarding the dates and durations of outages could have an adverse impact on the Owners' stock prices.

(c) Information regarding the dates and durations of outages could have an adverse impact on the value of the South Texas Project and the bidding price for sale of Owner's shares of the South Texas Project.

(iii) The information is being transmitted to the NRC in confidence and, under the provisions of 10CFR2.790, it is to be received in confidence by the NRC.

(iv) The information sought to be withheld is not available in public sources.

(v) STPNOC believes that public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of STPNOC and the Owners of the South Texas Project.

I declare under penalty of peiury that the foregoing is true and correct.

Executed on *r;I29 zoos

_ D at~~~~~e Vice President, Engineering & Technical Services