ML13051A965

Request for Withholding Information from Public Disclosure

ML13051A965
Person / Time
Site:	North Anna
Issue date:	02/26/2013
From:	V Sreenivas Plant Licensing Branch II
To:	Heacock D Virginia Electric & Power Co (VEPCO)
Sreenivas V
References
TAC ME8727, TAC ME8728
Download: ML13051A965 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 26, 2013 Mr. David A. Heacock President and Chief Nuclear Officer Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711

SUBJECT:

NORTH ANNA POWER STATION, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. ME8727 AND ME8728)

Dear Mr. Heacock:

By letter dated December 10, 2012, you submitted an affidavit dated November 30, 2012, executed by J. A. Gresham, Manager, Regulatory Compliance, Westinghouse Electric Company, requesting 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:

• LTR-L1S-12-622 P-Attachment, "Westinghouse Suggested Response to NRC Request for Additional Information (RAI) Regarding the Fuel Thermal Conductivity Degradation (TCD) Evaluations for North Anna Units 1 and 2" (Proprietary).

• CD containing Attachment 3, "Electronic Data Tables Supporting the Westinghouse Suggested Response to Fuel Thermal Conductivity Degradation (TCD) Evaluations for North Anna Units 1 and 2" (Proprietary).

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

D. Heacock -2 (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) 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, assurance of quality or licensing a similar product.

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

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

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

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version 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 U.S. Nuclear Regulatory Commission (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.

D. Heacock - 3 If you have any questions regarding this matter, I may be reached at 301-415-2597.

Sincerely,

r. V. Sreenivas, Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-338 and 50-339 cc: J.A. Gresham, Manager Regulatory Compliance Westinghouse Electric Company, LLC 1000 Westinghouse Drive, Suite 248 Cranberry Township, PA 16066 Additional Distribution via Listserv

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