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| number = ML072270002
| number = ML072270002
| issue date = 08/30/2007
| issue date = 08/30/2007
| title = Wolf Creek Generating Station - Topical Report, Request for Withholding Information from Public Disclosure (TAC MD0197)
| title = Topical Report, Request for Withholding Information from Public Disclosure
| author name = Donohew J N
| author name = Donohew J
| author affiliation = NRC/NRR/ADRO/DORL/LPLIV
| author affiliation = NRC/NRR/ADRO/DORL/LPLIV
| addressee name = Maurer B F
| addressee name = Maurer B
| addressee affiliation = Westinghouse Electric Co
| addressee affiliation = Westinghouse Electric Co
| docket = 05000483
| docket = 05000483
Line 14: Line 14:
| page count = 4
| page count = 4
| project = TAC:MD0197
| project = TAC:MD0197
| stage = Withholding Request
| stage = Withholding Request Acceptance
}}
}}


=Text=
=Text=
{{#Wiki_filter:August 30, 2007Mr. B. F. MaurerActing Manager, Regulatory Compliance and Plant Licensing Nuclear Services Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355
{{#Wiki_filter:August 30, 2007 Mr. B. F. Maurer Acting Manager, Regulatory Compliance and Plant Licensing Nuclear Services Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355


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


==Dear Mr. Maurer:==
==Dear Mr. Maurer:==


By letter dated April 24, 2007, Westinghouse Electric Company (WEC) submitted an affidavit (CAW-07-2273) also dated April 24, 2007, executed by you, requesting that information designated proprietary in the topical report entitled, LTR-CDME-07-72-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 April 24, 2007, be withheld from public disclosure pursuant to Title 10 of the Code of FederalRegulations (10 CFR), Part 2, Section 2.390. The topical report and the WEC letter areEnclosures I and III, respectively, to the letter dated May 3, 2007 (WO 07-0012), from the WolfCreek Nuclear Operating Corporation to the Nuclear Regulatory Commission (NRC), for the Wolf Creek Generating Station.A nonproprietary copy of the document designated LTR-CDME-07-72-NP, which is Enclosure IIto the above May 3, 2007, letter, has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room (ADAMS Accession No. ML071290104).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.
By letter dated April 24, 2007, Westinghouse Electric Company (WEC) submitted an affidavit (CAW-07-2273) also dated April 24, 2007, executed by you, requesting that information designated proprietary in the topical report entitled, LTR-CDME-07-72-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 April 24, 2007, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. The topical report and the WEC letter are Enclosures I and III, respectively, to the letter dated May 3, 2007 (WO 07-0012), from the Wolf Creek Nuclear Operating Corporation to the Nuclear Regulatory Commission (NRC), for the Wolf Creek Generating Station.
B. F. Maurer-2-(c)Its use by a competitor would reduce his expenditure of resources orimprove his competitive position in the design, manufacture, 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-07-72-P, dated April 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-07-72-P, dated April 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
A nonproprietary copy of the document designated LTR-CDME-07-72-NP, which is Enclosure II to the above May 3, 2007, letter, has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room (ADAMS Accession No. ML071290104).
The affidavit stated that the submitted information should be considered exempt from mandatory 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 (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.


ML072270002NRR-084OFFICEDORL/LPL4/PMDORL/LPL4/LADCI/CSGB/BCDORL/LPL4/BCNAMEJDonohewJBurkhardtAHiserTHiltz DATE8/30/078/17/078/23/078/30/07 February 2006Wolf Creek Generating Station cc:Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA  15230-0355Jay 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
B. F. Maurer                                              (c)      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.
(e)      It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential economic value to Westinghouse.
We have reviewed your application and the material designated as proprietary in topical report LTR-CDME-07-72-P, dated April 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-07-72-P, dated April 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 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) 415-1307.
Sincerely,
                                                /RA/
Jack N. Donohew, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-483 cc: See next page


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}}
ML072270002                                                              NRR-084 OFFICE      DORL/LPL4/PM          DORL/LPL4/LA          DCI/CSGB/BC          DORL/LPL4/BC NAME        JDonohew              JBurkhardt            AHiser                THiltz DATE        8/30/07                8/17/07                8/23/07              8/30/07 Wolf Creek Generating Station cc:
Mr. J. A. Gresham, Manager                Chief, Radiation and Asbestos Control Regulatory Compliance and Plant Licensing  Section Westinghouse Electric Company, LLC        Kansas Department of Health P.O. Box 355                              and Environment Pittsburgh, PA 15230-0355                Bureau of Air and Radiation 1000 SW Jackson, Suite 310 Jay Silberg, Esq.                        Topeka, KS 66612-1366 Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW                        Vice President Operations/Plant Manager Washington, D.C. 20037                    Wolf Creek Nuclear Operating Corporation P.O. Box 411 Regional Administrator, Region IV        Burlington, KS 66839 U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400          Supervisor Licensing Arlington, TX 76011                      Wolf Creek Nuclear Operating Corporation P.O. Box 411 Senior Resident Inspector                Burlington, KS 66839 U.S. Nuclear Regulatory Commission P.O. Box 311                              U.S. Nuclear Regulatory Commission Burlington, KS 66839                      Resident Inspectors Office/Callaway Plant 8201 NRC Road Chief Engineer, Utilities Division        Steedman, MO 65077-1032 Kansas Corporation Commission 1500 SW Arrowhead Road                    Mr. Rick A. Muench Topeka, KS 66604-4027                    President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Office of the Governor                    Post Office Box 411 State of Kansas                          Burlington, KS 66839 Topeka, KS 66612 Attorney General 120 S.W. 10th Avenue, 2nd Floor Topeka, KS 66612-1597 County Clerk Coffey County Courthouse 110 South 6th Street Burlington, KS 66839 February 2006}}

Latest revision as of 12:38, 13 March 2020

Topical Report, Request for Withholding Information from Public Disclosure
ML072270002
Person / Time
Site: Callaway Ameren icon.png
Issue date: 08/30/2007
From: Donohew J
NRC/NRR/ADRO/DORL/LPLIV
To: Maurer B
Westinghouse
Donohew J N, NRR/DORL/LP4, 415-1307
References
TAC MD0197
Download: ML072270002 (4)


Text

August 30, 2007 Mr. B. F. Maurer Acting Manager, 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 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO.

MD0197)

Dear Mr. Maurer:

By letter dated April 24, 2007, Westinghouse Electric Company (WEC) submitted an affidavit (CAW-07-2273) also dated April 24, 2007, executed by you, requesting that information designated proprietary in the topical report entitled, LTR-CDME-07-72-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 April 24, 2007, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. The topical report and the WEC letter are Enclosures I and III, respectively, to the letter dated May 3, 2007 (WO 07-0012), from the Wolf Creek Nuclear Operating Corporation to the Nuclear Regulatory Commission (NRC), for the Wolf Creek Generating Station.

A nonproprietary copy of the document designated LTR-CDME-07-72-NP, which is Enclosure II to the above May 3, 2007, letter, has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room (ADAMS Accession No. ML071290104).

The affidavit stated that the submitted information should be considered exempt from mandatory 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 (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.

B. F. Maurer (c) 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.

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

We have reviewed your application and the material designated as proprietary in topical report LTR-CDME-07-72-P, dated April 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-07-72-P, dated April 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 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) 415-1307.

Sincerely,

/RA/

Jack N. Donohew, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-483 cc: See next page

ML072270002 NRR-084 OFFICE DORL/LPL4/PM DORL/LPL4/LA DCI/CSGB/BC DORL/LPL4/BC NAME JDonohew JBurkhardt AHiser THiltz DATE 8/30/07 8/17/07 8/23/07 8/30/07 Wolf Creek Generating Station cc:

Mr. J. A. Gresham, Manager Chief, Radiation and Asbestos Control Regulatory Compliance and Plant Licensing Section Westinghouse Electric Company, LLC Kansas Department of Health P.O. Box 355 and Environment Pittsburgh, PA 15230-0355 Bureau of Air and Radiation 1000 SW Jackson, Suite 310 Jay Silberg, Esq. Topeka, KS 66612-1366 Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Vice President Operations/Plant Manager Washington, D.C. 20037 Wolf Creek Nuclear Operating Corporation P.O. Box 411 Regional Administrator, Region IV Burlington, KS 66839 U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Supervisor Licensing Arlington, TX 76011 Wolf Creek Nuclear Operating Corporation P.O. Box 411 Senior Resident Inspector Burlington, KS 66839 U.S. Nuclear Regulatory Commission P.O. Box 311 U.S. Nuclear Regulatory Commission Burlington, KS 66839 Resident Inspectors Office/Callaway Plant 8201 NRC Road Chief Engineer, Utilities Division Steedman, MO 65077-1032 Kansas Corporation Commission 1500 SW Arrowhead Road Mr. Rick A. Muench Topeka, KS 66604-4027 President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Office of the Governor Post Office Box 411 State of Kansas Burlington, KS 66839 Topeka, KS 66612 Attorney General 120 S.W. 10th Avenue, 2nd Floor Topeka, KS 66612-1597 County Clerk Coffey County Courthouse 110 South 6th Street Burlington, KS 66839 February 2006