ML20115E618: Difference between revisions

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=Text=
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{{#Wiki_filter:May 4, 2020 Ms. Cheryl A. Gayheart Regulatory Affairs Director Southern Nuclear Operating Company, Inc.
3535 Colonnade Parkway Birmingham, AL 35243
 
==SUBJECT:==
JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2019-LLA-0212)
 
==Dear Ms. Gayheart:==
 
By letter dated April 13, 2020 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML20104C140), you submitted an affidavit dated April 9, 2020, executed by Zachery S. Harper, Licensing Engineering Manager, Westinghouse Electric Company LLC (Westinghouse),
requesting that the information contained in Enclosure 1 to the letter, as described below, be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):
Response to Request for Additional Information Regarding License Amendment Request to Update the Spent Fuel Pool Criticality Safety Analysis and Revise Technical Specification (TS) 3.7.15 Spent Fuel Assembly Storage and TS 4.3 Fuel Storage (Proprietary Version).
A nonproprietary version of Enclosure 1 was provided as Enclosure 2 and can be found at ADAMS Accession No. ML20104C140.
The affidavit stated that the submitted information should considered exempt from mandatory public disclosure for the following reasons:
(a)    The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse and is not customarily disclosed to the public.
(b)    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 technical evaluation justifications and licensing defense services for commercial power reactors without commensurate expenses. Also, public 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.
 
C. Gayheart                                      We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, based on the statements in the affidavits, 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 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 301-415-1009 or via e-mail at Shawn.Williams@nrc.gov.
Sincerely,
                                                      /RA/
Shawn Williams, Senior Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364 cc:    Mr. Zachery S Harper Licensing Engineering Manager Westinghouse Electric Company 1000 Westinghouse Drive, Suite 165 Cranberry Township, PA 16066 cc:    Listserv
 
ML20115E618                                    *by e-mail OFFICE    DORL/LPL2-1/PM    DORL/LPL2-1/LA  DSS/SNPB/BC DORL/LPL2-1/BC NAME      SWilliams          KGoldstein      RLukes      MMarkley DATE      04/30/20          04/30/20        4/21/20      5/01/20 OFFICE    DORL/LPL2-1/PM NAME      SWilliams DATE      5/04/20}}

Revision as of 05:10, 24 July 2020

Request for Withholding Information from Public Disclosure
ML20115E618
Person / Time
Site: Farley  Southern Nuclear icon.png
Issue date: 05/04/2020
From: Gregory Croon, Shawn Williams
Plant Licensing Branch II
To: Gayheart C
Southern Nuclear Operating Co
Croon, G.
References
EPID L-2019-LLA-0212
Download: ML20115E618 (3)
v • d • e


Text

May 4, 2020 Ms. Cheryl A. Gayheart Regulatory Affairs Director Southern Nuclear Operating Company, Inc.

3535 Colonnade Parkway Birmingham, AL 35243

SUBJECT:

JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2019-LLA-0212)

Dear Ms. Gayheart:

By letter dated April 13, 2020 (Agencywide Documents Access and Management System (ADAMS)

Accession No. ML20104C140), you submitted an affidavit dated April 9, 2020, executed by Zachery S. Harper, Licensing Engineering Manager, Westinghouse Electric Company LLC (Westinghouse),

requesting that the information contained in Enclosure 1 to the letter, as described below, be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

Response to Request for Additional Information Regarding License Amendment Request to Update the Spent Fuel Pool Criticality Safety Analysis and Revise Technical Specification (TS) 3.7.15 Spent Fuel Assembly Storage and TS 4.3 Fuel Storage (Proprietary Version).

A nonproprietary version of Enclosure 1 was provided as Enclosure 2 and can be found at ADAMS Accession No. ML20104C140.

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

(a) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse and is not customarily disclosed to the public.

(b) 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 technical evaluation justifications and licensing defense services for commercial power reactors without commensurate expenses. Also, public 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.

C. Gayheart We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, based on the statements in the affidavits, 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 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 301-415-1009 or via e-mail at Shawn.Williams@nrc.gov.

Sincerely,

/RA/

Shawn Williams, Senior Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364 cc: Mr. Zachery S Harper Licensing Engineering Manager Westinghouse Electric Company 1000 Westinghouse Drive, Suite 165 Cranberry Township, PA 16066 cc: Listserv

ML20115E618 *by e-mail OFFICE DORL/LPL2-1/PM DORL/LPL2-1/LA DSS/SNPB/BC DORL/LPL2-1/BC NAME SWilliams KGoldstein RLukes MMarkley DATE 04/30/20 04/30/20 4/21/20 5/01/20 OFFICE DORL/LPL2-1/PM NAME SWilliams DATE 5/04/20

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