ML080950336

Request for Withholding Information from Public Disclosure (TAC Nos. MD7450 and MD7451)

ML080950336
Person / Time
Site:	Vogtle
Issue date:	04/07/2008
From:	Lingam S P NRC/NRR/ADRO/DORL/LPLII-1
To:	Tynan T E Southern Nuclear Operating Co
Lingam, Siva NRR/DORL 415-1564
References
TAC MD7450, TAC MD7451
Download: ML080950336 (4)

Text

April 7, 2008

Mr. Tom E. Tynan Vice President - Vogtle Vogtle Electric Generating Plant 7821 River Road Waynesboro, GA 30830

SUBJECT:

VOGTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS.

MD7450 AND MD7451)

Dear Mr. Tynan:

By letter dated March 21, 2008, and affidavit dated March 18, 2008, executed by J. A. Gresham of Westinghouse Electric Company LLC through Westinghouse letter CAW-08-2402 (Enclosure 6 to your letter dated March 21, 2008), you submitted responses to request for additional information related to an application for license amendment dated February 13, 2008, to revise Technical Specification (TS) Sections TS 5.5.9, "Steam Generator (SG) Program," and TS 5.6.10, "Steam Generator Tube Inspection Report," for interim alternate repair criterion for

Vogtle Electric Generating Facility Oper ating License No

s. NPF-68 and NPF-81 for Unit 1 and Unit 2, respectively, and requested that Westinghouse proprietary document, LTR-CDME 08-43 P-Attachment, "Response to NRC Request for Additional Information Relating to LTR-CDME 11 P-Attachment," (Enclosure 4 to your March 21, 2008 letter) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Paragraph (b)(4), Section 2.390.

A nonproprietary copy of this document, Enclosure 5 of your letter dated March 21, 2008, LTR-CDME 08-43 NP-Attachment, "Response to NRC Request for Additional Information Relating to LTR-CDME-08-11 NP-Attachment," has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

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.

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

T. Tynan

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, 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 info rmation 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 301-415-1564.

Sincerely, /RA/

Siva P. Lingam, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket Nos. 50-424 and 50-425

cc: See next page

ML080950336 OFFICE NRR/LPL2-1/PM NRR/LPL2-1/LA NRR/CSGB/BC NRR/LPL2-1/BC

NAME SLingam MO=Brien AHiser MWong DATE 04/04/08 04/07/08 04/07/08 04/07/08 Vogtle Electric Generating Plant, Units 1 & 2

cc:

Mr. Tom E. Tynan Vice President - Vogtle Vogtle Electric Generating Plant 7821 River Road Waynesboro, GA 30830

Mr. N. J. Stringfellow Manager, Licensing Southern Nuclear Operating Company, Inc.

P.O. Box 1295 Birmingham, AL 35201-1295 Mr. Jeffrey T. Gasser Executive Vice President Southern Nuclear Operating Company, Inc.

P.O. Box 1295 Birmingham, AL 35201-1295

Mr. Steven M. Jackson Senior Engineer - Power Supply Municipal Electric Authority of Georgia 1470 Riveredge Parkway, NW Atlanta, GA 30328-4684

Mr. Reece McAlister Executive Secretary Georgia Public Service Commission 244 Washington St., SW Atlanta, GA 30334

Mr. Harold Reheis, Director Department of Natural Resources 205 Butler Street, SE, Suite 1252 Atlanta, GA 30334

Attorney General Law Department 132 Judicial Building Atlanta, GA 30334

Mr. Laurence Bergen Oglethorpe Power Corporation 2100 East Exchange Place P.O. Box 1349 Tucker, GA 30085-1349

Arthur H. Domby, Esquire Troutman Sanders Nations Bank Plaza 600 Peachtree Street, NE Suite 5200 Atlanta, GA 30308-2216

Resident Inspector Vogtle Plant 8805 River Road Waynesboro, GA 30830

Office of the County Commissioner Burke County Commission Waynesboro, GA 30830

Mr. Bob Masse Resident Manager Oglethorpe Power Corporation Vogtle Electric Generating Plant 7821 River Road Waynesboro, GA 30830

Mr. J. A. Gresham Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P. O. Box 355 Pittsburgh, PA 15230-0355