ML060090176

St. Lucie, Unit 2, Letter, Request for Withholding Information from Public Disclosure for St. Lucie Nuclear Plant, Unit 2 (Tac No. MC8757)

ML060090176
Person / Time
Site:	Saint Lucie
Issue date:	01/13/2006
From:	Moroney B T Plant Licensing Branch III-2
To:	Maurer B F Westinghouse
Moroney B T, NRR/DLPM, 415-3974
References
TAC MC8757
Download: ML060090176 (4)

Text

January 13, 2006Mr. B.F. Maurer, Acting ManagerRegulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services

P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDINGINFORMATION FROM PUBLIC DISCLOSURE FOR ST. LUCIE NUCLEAR PLANT, UNIT 2 (TAC NO. MC8757)

Dear Mr. Maurer:

By letter dated October 21, 2005, Florida Power and Light Company submitted Westinghouseaffidavit CAW-05-2053 dated September 28, 2005, executed by Ian C. Rickard, in which you requested that the information contained in the following document be withheld from publicdisclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:Tables 4-2 through 4-4 of Westinghouse Licensing Report WCAP-16489, Revision 0,"St. Lucie Unit 2, 42-Percent Steam Generator Tube Plugging Licensing Report," October 2005.A nonproprietary copy of this document has been placed in the Nuclear RegulatoryCommission's (NRC's) Public Document Room and added to the Agencywide DocumentsAccess and Management System Public Electronic Reading Room.The affidavit stated that the submitted information should be considered exempt frommandatory public disclosure for the following reasons: (I) The information is owned and has been held in confidence by Westinghouse.

(ii) The information is of a type customarily held in confidence by Westinghouse and notcustomarily disclosed to the public.(iii) The information is being transmitted to the NRC in confidence under the provisionsof 10 CFR 2.390.(iv) The information is not available in public sources or available information has notbeen previously employed in the same original manner or method to the best of Westinghouse's knowledge or belief.(v) Public disclosure of this proprietary information is likely to cause substantial harm tothe competitive position of Westinghouse because it would enhance the ability ofcompetitors to provide similar design modifications, bases, and licensing defense services for commercial power reactors without commensurate expenses. Also, public B. Maurer-2-disclosure of the information would enable others to use the information to meet NRCrequirements for licensing documentation without purchasing the right to use theinformation.We have reviewed your application and the material in accordance with the requirements of10 CFR 2.390 and, on the basis of your statements, have determined that the submittedinformation 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 frompublic 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 anddirectly 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 futuresuch 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 reviewthis 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 determinationadverse 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 301-415-3974. Sincerely,/RA/Brendan T. Moroney, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-389 cc: See next page

ML060090176NRR-084OFFICELPL2-2/PMLPL2-2/LALPL2-2/BCNAMEBMoroneyBClaytonMMarshall DATE1/9/061/9/061/13/06 Florida Power and Light CompanyST. LUCIE PLANT cc:Mr. J. A. Stall Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420Senior Resident Inspector St. Lucie Plant U.S. Nuclear Regulatory Commission P.O. Box 6090 Jensen Beach, Florida 34957 Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 M. S. Ross, Managing Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420

Marjan Mashhadi, Senior Attorney Florida Power & Light Company 801 Pennsylvania Avenue, NW.

Suite 220 Washington, DC 20004Mr. Douglas Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982

Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Mr. William Jefferson, Jr. Site Vice President St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957-2000Mr. G. L. JohnstonPlant General Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957Mr. Terry PattersonLicensing Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957Mark Warner, Vice PresidentNuclear Operations Support Florida Power and Light Company P.O. Box 14000 Juno Beach, FL 33408-0420Mr. Rajiv S. KundalkarVice President - Nuclear Engineering Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420Mr. J. KammelRadiological Emergency Planning Administrator Department of Public Safety 6000 Southeast Tower Drive Stuart, Florida 34997