NOC-AE-04001727, Application for Withholding Proprietary Information from Public Disclosure

Application for Withholding Proprietary Information from Public Disclosure

ML041400255
Person / Time
Site:	South Texas
Issue date:	05/12/2004
From:	Head S South Texas
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
NOC-AE-04001727
Download: ML041400255 (5)

Text

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Nuclear Operating Company South TesoPnthicctPEsrlectrcGen Station PO. Bo 2839 &bdsmoh8 Tr7748) -P-V May 12,2004 NOC-AE-04001727 10 CFR 2.390 U. S. Nuclear Regulatory Commission Attention: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852 South Texas Project Units 1 and 2 Docket Nos. STN 50-498 and 50-499 Application for Withholding Proprietarv Information from Public Disclosure On March 24, 2004, the NRC informally requested a copy of a Design Change Package (DCP) that STP Nuclear Operating Company used during a March 23, 2004 meeting with the NRC. This letter submits the requested DCP and a copy of a Document Change Notice referenced in the DCP. Both documents are considered to be proprietary and are accompanied by a formal request to withhold the documents from public disclosure.

If there are any questions regarding this request, please contact me at (361) 972-7136.

v/S1 Scott M. Head Manager, Licensing jtc

Attachment:

1. Affidavit and Application for Withholding Proprietary Information from Public Disclosure

2. Design Change Package #01-19793-10 (Proprietary)

3. Document Change Notice #JD-885 (Proprietary)

Bp~cb STI: 31745483

NOC-AE-04001727 Page 2 of 2 cc: (non-proprietary except *)

(paper copy) (electronic copy)

Bruce S. Mallett A. H. Gutterman, Esquire Regional Administrator, Region IV Morgan, Lewis & Bockius LLP U. S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 L. D. Blaylock Arlington, Texas 76011-8064 City Public Service

• U. S. Nuclear Regulatory Commission

• Michael K. Webb 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. Ramirez 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 Jeffrey Cruz Jon C. Wood U. S. Nuclear Regulatory Commission Matthews & Branscomb P. 0. Box 289, Mail Code: MN1 16 Wadsworth, TX 77483 C. M. Canady City of Austin Electric Utility Department 721 Barton Springs Road Austin, TX 78704

NOC-AE-04001727 Attachment 1 Page 1 of 3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

STP Nuclear Operating Company ) Docket Nos. 50-498

) 50-499 South Texas Project )

Units 1 and 2 )

AFFIRMATION I, J. J. Sheppard, being duly sworn, hereby depose and state that I am President & Chief Executive Officer of STP Nuclear Operating Company (STPNOC); that I am duly authorized to sign and file with the Nuclear Regulatory Commission the attached application for withholding proprietary information from public disclosure, that I am familiar with the content thereof; and that the matters set forth therein are true and correct to the best of my knowledge and belief.

J'. J.Sheppard President & Chief Executive Officer STATE OF TEXAS

}

COUNTY OF MATAGORDA Subscribed and sworn to before me, a Notary Public in and for the State of Texas, this /I' dayof /- cal/ ,2004.

UNDA M7IIBEFRY N**Nay Pitee d Tea OCT0BER 9.2005 Notary Public in and for the State of Texas

NOC-AE-04001727 Attachment 1 Page 2 of 3 In accordance with 10 CFR 2.3 90(b)(ii):

(A) The specific documents for which withholding from public disclosure is sought are Design Change Package (DCP) #01-19793-10, Supplement 0, "ASCO Solenoid Valve 212-633-lRVF," and Document Change Notice (DCN) #JD-885 issued August 31, 1991.

(B) The official position of the person making this affidavit is President & Chief Executive Officer of STPNOC, who has been specifically delegated the function of reviewing the information sought to be withheld and authorized to apply for its withholding on behalf of STPNOC.

(C) The basis for proposing the information be withheld is that the information constitutes trade secrets and commercial or financial information obtained from a person and privileged or confidential [1 OCFR2.390(a)(4)].

(D) The harm that would result if the information sought to be withheld is disclosed to the public is described below.

(E) The entire documents specified in part (A) are considered to be proprietary. Therefore, there are no individual locations in the document marked "proprietary," but each entire page is marked "proprietary" with the basis noted.

In accordance with 10 CFR 2.390(b)(iii), the following is a full statement of the reason for claiming the information should be withheld from public disclosure.

These documents are a first-of-a-kind activity, which would have commercial benefit for other contractors/vendors if it were disclosed to the public. The documents also contain information that is proprietary to ASCO that is not contained in publicly available ASCO literature. Finally, the documents draw application conclusions that are unique to the South Texas Project, which could be potentially misused by others if the document were disclosed to the public.

Further, STPNOC affirms that:

(i) The information has been held in confidence by STPNOC.

(ii) The information is of a type customarily held in confidence by STPNOC and there is a rational basis for doing so.

(iii) The information has been transmitted to the NRC in confidence.

(iv) The information is not available in public sources.

NOC-AE-04001727 Attachment I Page 3 of 3 (v) Public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of STPNOC, taking into account: the value of the information to STPNOC; the amount of money and effort expended by STPNOC in developing the information; and the ease or difficulty with which the information could be properly acquired or duplicated by others.