ML072270002

Topical Report, Request for Withholding Information from Public Disclosure

ML072270002
Person / Time
Site:	Callaway
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