ML092700001

Proprietary Information Sought to Be Withheld from Public Disclosure (MD9969)

ML092700001
Person / Time
Site:	Beaver Valley
Issue date:	10/01/2009
From:	Nadiyah Morgan Plant Licensing Branch 1
To:	Maurer B Westinghouse
morgan n
References
TAC MD9969
Download: ML092700001 (3)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001

<Ctoeer 1, 2fI'A Mr. B. F. Maurer, Acting Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355 BEAVER VALLEY POWER STATION, UNIT NO.2 -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD9969)

Dear Mr. Maurer:

By letter dated October 10, 2008, you submitted an affidavit dated February 3, 2006, executed by Westinghouse Electric Company, LLC, that requested that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

WCAP-15919-P, Revision 1, "Steam Generator Tube Repair for Westinghouse Plants with 7/8 Inch Inconel 600 Tubes Using Leak Limiting Alloy 800 [Proprieta SG-SGDA-05-48-P, Rev. 1 "WOG

[Westinghouse Owners Group] Revision 1: Test Results Related to TIG [Tungsten Inert Gas] and Alloy 800 Installation in 3/4 Inch and 7/8 Inch OD SG Tubing In-Service Inspection A nonproprietary copy of these documents have been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System (Accession Nos.

ML082890824 and ML082890827).

The affidavit and the proprietary documents stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: 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. 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. We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavits, have determined that the B. Maurer -2 submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the versions of the submitted information 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 301-415-1016.

Sincerely, Nadiyah Morgan, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-412 cc: Distribution via Listserv B. Maurer -2submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the versions of the submitted information 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 301-415-1016.

Sincerely, IRA! Nadiyah Morgan, Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-412 cc: Distribution via Listserv DISTRIBUTION:

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