ML073170713

Firstenergy Nuclear Operating Company - Request for Withholding Information from Public Disclosure for Davis-Besse Nuclear Power Station, Unit No. 1 (Tac. MD5240)

ML073170713
Person / Time
Site:	Davis Besse
Issue date:	04/25/2008
From:	Thomas Wengert NRC/NRR/ADRO/DORL/LPLIII-2
To:	Allen B FirstEnergy Nuclear Operating Co
Wengert, Thomas
References
TAC MD5240, TAC MD8326
Download: ML073170713 (6)

Text

April 25, 2008 Mr. Barry S. Allen FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station Mail Stop A-DB-3080 5501 North State Route 2 Oak Harbor, OH 43449

SUBJECT:

FIRSTENERGY NUCLEAR OPERATING COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR DAVIS-BESSE NUCLEAR POWER STATION, UNIT NO. 1 (TAC NOS. MD5240 and MD8326)

Dear Mr. Allen:

By letter dated September 18, 2007, FirstEnergy Operating Company submitted four affidavits dated July 9, August 7, August 9, and August 15, 2007 respectively, executed by Mr. Calvin R.

Hastings, you 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:

Caldon, Inc. ER-227 Rev. 1, Profile Factor Calculation and Accuracy Assessment for the Davis Besse Unit 1 LEFM+ Spool Pieces (Alden Report No. 310-01/C730), dated September 2003.

The corresponding affidavit is dated July 9, 2007.

Caldon Ultrasonics Engineering Report, ER-202 Rev. 3, Bounding Uncertainty Analysis for Thermal Power Determination at Davis Besse Nuclear Power Station Using the LEFM+

System, dated May 2007. The corresponding affidavit is dated August 7, 2007.

Caldon, Inc. Engineering Report, ER-202 Rev. 2, Bounding Uncertainty Analysis for Thermal Power Determination at Davis Besse Nuclear Power Station Using the LEFM+ System, dated July 2004. The corresponding affidavit is dated August 9, 2007.

Alden Research Laboratory, Inc. Report No. 310-01/C730, Calibration of Two 18 Leading Edge Flow Meters for Caldon, Inc. Purchase Order Number 18350, dated October 2001. The corresponding affidavit is dated August 15, 2007.

The affidavits stated, in part, that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

i. The information sought to be withheld by public disclosure is owned and has been held in confidence by Cameron.

ii. The information is of a type customarily held in confidence by Cameron and not customarily disclosed to the public. Cameron has a rational basis for determining the type of information customarily held in confidence by it and,

B. Allen in that connection utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Cameron policy and provides the rational basis required. Furthermore, the information is submitted voluntarily and need not rely on the evaluation of any rational basis.

Additionally, you indicated that information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential advantage, as follows:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Camerons competitors without license from Cameron constitutes a competitive economic advantage over the other companies.

(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, and assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Cameron, its customers or suppliers.

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

(f) It contains patentable ideas, for which patent protection may be desirable.

iii. The information is being transmitted to the commission in confidence, and, under the provisions of 10 CFR Section 2.390, it is to be received in confidence by the Commission.

iv. The information sought to be protected is not available in public sources or available information has not been previously employed in the same manner or method.

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.

B. Allen Therefore, the following documents 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:

Caldon, Inc. ER-227 Rev. 1, Profile Factor Calculation and Accuracy Assessment for the Davis Besse Unit 1 LEFM+ Spool Pieces (Alden Report No. 310-01/C730), dated September 2003.

Caldon Ultrasonics Engineering Report, ER-202 Rev. 3, Bounding Uncertainty Analysis for Thermal Power Determination at Davis Besse Nuclear Power Station Using the LEFM+ System, dated May 2007.

Caldon, Inc. Engineering Report, ER-202 Rev. 2, Bounding Uncertainty Analysis for Thermal Power Determination at Davis Besse Nuclear Power Station Using the LEFM+

System, dated July 2004.

Alden Research Laboratory, Inc. Report No. 310-01/C730, Calibration of Two 18 Leading Edge Flow Meters for Caldon, Inc. Purchase Order Number 18350, dated October 2001.

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 301-415-4037.

Sincerely,

/RA/

Thomas Wengert, Project Manager Plant Licensing Branch III-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-346 cc: See next page

ML073170713 OFFICE LPL3-2/PM LPL3-2/LA DE/EICB/BC DSS/SRXB/BC LPL3-2/BC NAME TWengert EWhitt WKemper GCranston RGibbs DATE 4/21/08 4/21/08 4/23/08 4/24/08 4/25/08 Davis-Besse Nuclear Power Station, Unit No. 1 cc:

Manager, Site Regulatory Compliance Columbus, OH 43215 FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station President, Board of County Mail Stop A-DB-3065 Commissioners of Ottawa County 5501 North State Route 2 Port Clinton, OH 43252 Oak Harbor, OH 43449-9760 President, Board of County Director, Ohio Department of Commerce Commissioners of Lucas County Division of Industrial Compliance One Government Center, Suite 800 Bureau of Operations & Maintenance Toledo, OH 43604-6506 6606 Tussing Road P.O. Box 4009 The Honorable Dennis J. Kucinich Reynoldsburg, OH 43068-9009 United States House of Representatives Resident Inspector Washington, D.C. 20515 U.S. Nuclear Regulatory Commission 5503 North State Route 2 The Honorable Dennis J. Kucinich Oak Harbor, OH 43449-9760 United States House of Representatives 14400 Detroit Avenue Stephen Helmer Lakewood, OH 44107 Supervisor, Technical Support Section Bureau of Radiation Protection Joseph J. Hagan Ohio Department of Health President and Chief Nuclear Officer 35 East Chestnut Street, 7th Floor FirstEnergy Nuclear Operating Company Columbus, OH 43215 Mail Stop A-GO-19 76 South Main Street Carol OClaire, Chief, Radiological Branch Akron, OH 44308 Ohio Emergency Management Agency 2855 West Dublin Granville Road David W. Jenkins, Attorney Columbus, OH 43235-2206 FirstEnergy Corporation Mail Stop A-GO-15 Zack A. Clayton 76 South Main Street DERR Akron, OH 44308 Ohio Environmental Protection Agency P.O. Box 1049 Danny L. Pace Columbus, OH 43266-0149 Senior Vice President, Fleet Engineering FirstEnergy Nuclear Operating Company State of Ohio - Transportation Department Mail Stop A-GO-14 Public Utilities Commission 76 South Main Street 180 East Broad Street Akron, OH 44308 Columbus, OH 43266-0573 Manager, Fleet Licensing Principal Assistant Attorney General FirstEnergy Nuclear Operating Company Environmental Enforcement Section Mail Stop A-GO-2 State Office Tower 76 South Main Street 30 East Broad Street, 25th Floor Akron, OH 44308

Davis-Besse Nuclear Power Station, Unit No. 1 cc:

Director, Fleet Regulatory Affairs FirstEnergy Nuclear Operating Company Mail Stop A-GO-2 76 South Main Street Akron, OH 44308 Jeannie M. Rinckel Vice President, Fleet Oversight FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 Paul A. Harden Vice President, Nuclear Support FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308 James H. Lash Senior Vice President of Operations and Chief Operating Officer FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308