ML073300418

Topical Report Withholding Information from Public Disclosure (Tac No. MD0197)

ML073300418
Person / Time
Site:	Callaway
Issue date:	11/29/2007
From:	Donohew J N NRC/NRR/ADRO/DORL/LPLIV
To:	Gresham J A Westinghouse
Donohew J N, NRR/DORL/LPL4, 415-1307
References
TAC MD0197
Download: ML073300418 (4)

Text

November 29, 2007Mr. J. A. GreshamManager, Regulatory Compliance and Plant Licensing Nuclear Services Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

TOPICAL REPORT FOR WOLF CREEK GENERATING STATION - REQUESTFOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD0197)

Dear Mr. Gresham:

By letter dated September 25, 2007 (CAW-07-2335), Westinghouse Electric Company(WEC) submitted an affidavit (CAW-07-2335) also dated September 25, 2007, executed by you, requesting that information designated proprietary in the topical report entitled, LTR-CDME-07-198-P, "Response to NRC Request for Additional Information Relating to

[topical report] LTR-CDME-05-209-P of the Wolf Creek Generating Station (WCGS) Permanent B* License Amendment Request," dated September 24, 2007, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2,Section 390. The topical report and the WEC letter are Enclosures I and III, respectively, to theletter dated September 27, 2007 (ET 07-0043), from the Wolf Creek Nuclear Operating Corporation (WCNOC) to the Nuclear Regulatory Commission (NRC), for the Wolf Creek Generating Station.A nonproprietary copy of the document designated LTR-CDME-07-198-NP, which isEnclosure II to the above September 27, 2007, letter from WCNOC, has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room (ADAMS AccessionNo. ML072750610).The affidavit stated that the submitted information should be considered exempt frommandatory public disclosure for the following reasons:Under that system, information is held in confidence if it falls in or more of several types,the release of which might result in the loss of an existing or potential competitive advantage, as follows:(a)The information reveals the distinguishing aspects of a process (orcomponent, 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.

J. A. Gresham-2-(c)Its use by a competitor would reduce his expenditure of resources orimprove his competitive position in the design, manufacturer, shipment, installation, assurance of quality, or licensing a similar product.(e)It reveals aspects of past, present, or future Westinghouse or customerfunded development plans and programs of potential economic value to Westinghouse.We have reviewed your application and the material designated as proprietary in topical reportLTR-CDME-07-198-P, dated September 24, 2007, 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 information marked as proprietary in topical report LTR-CDME-07-198-P, dated September 24, 2007, 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 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 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) 415-1307.Sincerely,/RA/Jack N. Donohew, Senior Project ManagerPlant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-483 cc: See next page J. A. Gresham-2-(c)Its use by a competitor would reduce his expenditure of resources orimprove his competitive position in the design, manufacturer, shipment, installation, assurance of quality, or licensing a similar product.(e)It reveals aspects of past, present, or future Westinghouse or customerfunded development plans and programs of potential economic value to Westinghouse.We have reviewed your application and the material designated as proprietary in topical reportLTR-CDME-07-198-P, dated September 24, 2007, 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 information marked as proprietary in topical report LTR-CDME-07-198-P, dated September 24, 2007, 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 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 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) 415-1307.Sincerely,/RA/Jack N. Donohew, Senior Project ManagerPlant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket No. 50-483 cc: See next pageDISTRIBUTION

PUBLIC LPL4 Reading RidsNrrDorl RidsNrrDorlLpl4RidsNrrDorlDprRidsNrrPMJDonohew RidsNrrLAJBurkhardt RidsOgcRpRidsAcrsAcnwMailCenterRidsRgn4MailCenter RidsNrrDciCsgb EMurphy, NRR/DCI/CSGBADAMS ACCESSION NO.: ML073300418NRR-084OFFICEDORL/LPL4/PMDORL/LPL4/LADCI/CSGB/BCDORL/LPL4/BCNAMEJDonohewJBurkhardtAHiserTHiltz DATE11/28/0711/27/0711/27/0711/28/07OFFICIAL RECORD COPY February 2006Wolf Creek Generating Station cc:Jay Silberg, Esq.

Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, D.C. 20037Regional Administrator, Region IVU.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011Senior Resident InspectorU.S. Nuclear Regulatory Commission P.O. Box 311 Burlington, KS 66839Chief Engineer, Utilities DivisionKansas Corporation Commission 1500 SW Arrowhead Road Topeka, KS 66604-4027Office of the GovernorState of Kansas Topeka, KS 66612Attorney General120 S.W. 10 th Avenue, 2 nd FloorTopeka, KS 66612-1597County ClerkCoffey County Courthouse 110 South 6 th StreetBurlington, KS 66839Chief, Radiation and Asbestos Control Section Kansas Department of Health and Environment Bureau of Air and Radiation 1000 SW Jackson, Suite 310 Topeka, KS 66612-1366Vice President Operations/Plant ManagerWolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839Supervisor LicensingWolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839U.S. Nuclear Regulatory CommissionResident Inspectors Office/Callaway Plant

8201 NRC Road Steedman, MO 65077-1032Mr. Rick A. MuenchPresident and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Post Office Box 411 Burlington, KS 66839