ML060090176

Letter, Request for Withholding Information from Public Disclosure for St. Lucie Nuclear Plant, Unit 2 (Tac No. MC8757)

ML060090176
Person / Time
Site:	Saint Lucie
Issue date:	01/13/2006
From:	Moroney B Plant Licensing Branch III-2
To:	Maurer B Westinghouse
Moroney B, NRR/DLPM, 415-3974
References
TAC MC8757
Download: ML060090176 (4)

Text

January 13, 2006 Mr. B.F. Maurer, Acting Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ST. LUCIE NUCLEAR PLANT, UNIT 2 (TAC NO. MC8757)

Dear Mr. Maurer:

By letter dated October 21, 2005, Florida Power and Light Company submitted Westinghouse affidavit CAW-05-2053 dated September 28, 2005, executed by Ian C. Rickard, in which you requested that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Tables 4-2 through 4-4 of Westinghouse Licensing Report WCAP-16489, Revision 0, St. Lucie Unit 2, 42-Percent Steam Generator Tube Plugging Licensing Report, October 2005.

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

The affidavit 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.

(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

B. Maurer 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, the version 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 301-415-3974.

Sincerely,

/RA/

Brendan T. Moroney, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-389 cc: See next page

ML060090176 NRR-084 OFFICE LPL2-2/PM LPL2-2/LA LPL2-2/BC NAME BMoroney BClayton MMarshall DATE 1/9/06 1/9/06 1/13/06 Florida Power and Light Company ST. LUCIE PLANT cc:

Mr. J. A. Stall Mr. William Jefferson, Jr.

Senior Vice President, Nuclear and Site Vice President Chief Nuclear Officer St. Lucie Nuclear Plant Florida Power and Light Company 6351 South Ocean Drive P.O. Box 14000 Jensen Beach, Florida 34957-2000 Juno Beach, Florida 33408-0420 Mr. G. L. Johnston Senior Resident Inspector Plant General Manager St. Lucie Plant St. Lucie Nuclear Plant U.S. Nuclear Regulatory Commission 6351 South Ocean Drive P.O. Box 6090 Jensen Beach, Florida 34957 Jensen Beach, Florida 34957 Mr. Terry Patterson Craig Fugate, Director Licensing Manager Division of Emergency Preparedness St. Lucie Nuclear Plant Department of Community Affairs 6351 South Ocean Drive 2740 Centerview Drive Jensen Beach, Florida 34957 Tallahassee, Florida 32399-2100 Mark Warner, Vice President M. S. Ross, Managing Attorney Nuclear Operations Support Florida Power & Light Company Florida Power and Light Company P.O. Box 14000 P.O. Box 14000 Juno Beach, FL 33408-0420 Juno Beach, FL 33408-0420 Marjan Mashhadi, Senior Attorney Mr. Rajiv S. Kundalkar Florida Power & Light Company Vice President - Nuclear Engineering 801 Pennsylvania Avenue, NW. Florida Power & Light Company Suite 220 P.O. Box 14000 Washington, DC 20004 Juno Beach, FL 33408-0420 Mr. Douglas Anderson Mr. J. Kammel County Administrator Radiological Emergency St. Lucie County Planning Administrator 2300 Virginia Avenue Department of Public Safety Fort Pierce, Florida 34982 6000 Southeast Tower Drive Stuart, Florida 34997 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741