ML062430284

Westinghouse Electric Corporation LLC - Request for Withholding Information from Public Disclosure for Watts Bar, Unit 1

ML062430284
Person / Time
Site:	Watts Bar
Issue date:	09/15/2006
From:	Pickett D NRC/NRR/ADRO/DORL/LPLII-2
To:	Gresham J Westinghouse
Pickett D, NRR/DORL, 415-1364
References
TAC MC8248
Download: ML062430284 (4)

Text

September 15, 2006 Mr. J. A. Gresham Manager, Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY LLC - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR WATTS BAR NUCLEAR PLANT, UNIT 1 (TAC NO. MC8248)

Dear Mr. Gresham:

By letter dated August 18, 2006, the Tennessee Valley Authority submitted a response to the Nuclear Regulatory Commissions (NRCs) request for additional information concerning the staffs review of the emergency core cooling system evaluation model changes at the Watts Bar Nuclear Plant, Unit 1. This letter included two affidavits dated August 17, 2006, executed by you, requesting 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:

LTR-LIS-06-434 P-Attachment, Best Estimate Large Break Loss-of-Coolant Response to NRC Request for Information, (Proprietary)

LTR-LIS-06-439 P-Attachment, Response to NRC Request for Additional Information (RAI) on Watts Bar (WAT) SI Flow Reduction SBLOCA Evaluation, (Proprietary)

A nonproprietary copy of this document has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The affidavits stated that the submitted information should be considered exempt from mandatory 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 not customarily disclosed to the public.

(iii) The information is being transmitted to the NRC in confidence under the provisions of 10 CFR 2.390.

(iv) The information is not available in public sources or available information has not been previously employed in the same original manner or method to the best of Westinghouses knowledge or belief.

Mr. J. A. Gresham (v) Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar design modifications, bases, and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

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, LTR-LIS-06-434 P-Attachment, Best Estimate Large Break Loss-of-Coolant Response to NRC Request for Information, marked as proprietary and LTR-LIS-06-439 P-Attachment, Response to NRC Request for Additional Information (RAI) on Watts Bar (WAT) SI Flow Reduction SBLOCA Evaluation, 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 301-415-1364.

Sincerely,

/RA/

Douglas V. Pickett, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-390 cc: See next page

Mr. J. A. Gresham *9 (v) Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar design modifications, bases, and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

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, LTR-LIS-06-434 P-Attachment, Best Estimate Large Break Loss-of-Coolant Response to NRC Request for Information, marked as proprietary and LTR-LIS-06-439 P-Attachment, Response to NRC Request for Additional Information (RAI) on Watts Bar (WAT) SI Flow Reduction SBLOCA Evaluation, 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 301-415-1364.

Sincerely,

/RA/

Douglas V. Pickett, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-390 cc: See next page Distribution:

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Tennessee Valley Authority WATTS BAR NUCLEAR PLANT cc:

Mr. Ashok S. Bhatnagar, Senior Vice President Mr. Glenn W. Morris, Manager Nuclear Operations Corporate Nuclear Licensing Tennessee Valley Authority and Industry Affairs 6A Lookout Place Tennessee Valley Authority 1101 Market Street 4X Blue Ridge Chattanooga, TN 37402-2801 1101 Market Street Chattanooga, TN 37402-2801 Mr. Larry S. Bryant, Vice President Nuclear Engineering & Technical Services Mr. Paul L. Pace, Manager Tennessee Valley Authority Licensing and Industry Affairs 6A Lookout Place Watts Bar Nuclear Plant 1101 Market Street Tennessee Valley Authority Chattanooga, TN 37402-2801 P.O. Box 2000 Spring City, TN 37381 Mr. Robert J. Beecken, Vice President Nuclear Support Mr. Jay Laughlin, Plant Manager Tennessee Valley Authority Watts Bar Nuclear Plant 6A Lookout Place Tennessee Valley Authority 1101 Market Street P.O. Box 2000 Chattanooga, TN 37402-2801 Spring City, TN 37381 Mr. Michael D. Skaggs Senior Resident Inspector Site Vice President Watts Bar Nuclear Plant Watts Bar Nuclear Plant U.S. Nuclear Regulatory Commission Tennessee Valley Authority 1260 Nuclear Plant Road P.O. Box 2000 Spring City, TN 37381 Spring City, TN 37381 County Executive General Counsel 375 Church Street Tennessee Valley Authority Suite 215 ET 11A Dayton, TN 37321 400 West Summit Hill Drive Knoxville, TN 37902 County Mayor P. O. Box 156 Mr. John C. Fornicola, Manager Decatur, TN 37322 Nuclear Assurance and Licensing Tennessee Valley Authority Mr. Lawrence E. Nanney, Director 6A Lookout Place Division of Radiological Health 1101 Market Street Dept. of Environment & Conservation Chattanooga, TN 37402-2801 Third Floor, L and C Annex 401 Church Street Ms. Ann P. Harris Nashville, TN 37243-1532 341 Swing Loop Road Rockwood, Tennessee 37854