ML080430015: Difference between revisions
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| number = ML080430015 | | number = ML080430015 | ||
| issue date = 02/27/2008 | | issue date = 02/27/2008 | ||
| title = | | title = Request for Withholding Information from Public Disclosure (2/1/2008 Affidavit Executed by J. A. Gresham, Westinghouse Electric Company LLC) (Tac No. MD8054) | ||
| author name = Donohew J | | author name = Donohew J | ||
| author affiliation = NRC/NRR/ADRO/DORL/LPLIV | | author affiliation = NRC/NRR/ADRO/DORL/LPLIV | ||
| addressee name = Muench R | | addressee name = Muench R | ||
| addressee affiliation = Wolf Creek Nuclear Operating Corp | | addressee affiliation = Wolf Creek Nuclear Operating Corp | ||
| docket = 05000482 | | docket = 05000482 | ||
| Line 14: | Line 14: | ||
| page count = 3 | | page count = 3 | ||
| project = TAC:MD8054 | | project = TAC:MD8054 | ||
| stage = | | stage = Withholding Request Acceptance | ||
}} | }} | ||
=Text= | =Text= | ||
{{#Wiki_filter:February 27, 2008 | {{#Wiki_filter:February 27, 2008 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839 | ||
Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS | |||
==SUBJECT:== | ==SUBJECT:== | ||
| Line 26: | Line 24: | ||
==Dear Mr. Muench:== | ==Dear Mr. Muench:== | ||
By {{letter dated|date=February 8, 2008|text=letter dated February 8, 2008}} (ET 08-0009), Wolf Creek Nuclear Operating Corporation (WCNOC, the licensee), submitted an affidavit dated February 1, 2008, executed by J. A. Gresham, Westinghouse Electric Company LLC, 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 390: | |||
By letter dated February 8, 2008 (ET 08-0009), Wolf Creek Nuclear Operating Corporation (WCNOC, the licensee), submitted an affidavit dated February 1, 2008, executed by J. A. Gresham, Westinghouse Electric Company LLC, 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 390: | LTR-CDME-08-11-P-Attachment, "Interim Alternate Repair Criterion (ARC) for Cracks in the Lower Region of the Tubesheet Expansion Zone," (Proprietary), | ||
LTR-CDME-08-11-P-Attachment, "Interim Alternate Repair Criterion (ARC) for Cracks in the Lower Region of the Tubesheet Expansion Zone," (Proprietary), dated January 31, 2008, which is Enclosure II to | dated January 31, 2008, which is Enclosure II to WCNOCs {{letter dated|date=February 8, 2008|text=February 8, 2008, letter}} A nonproprietary copy of the document (designated LTR-CDME-08-11-NP-Attachment), which is Enclosure II to the WCNOCs {{letter dated|date=February 8, 2008|text=February 8, 2008, letter}}, has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room under ADAMS Accession No. ML080440100. | ||
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: | 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: | 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. | |||
(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. | (c) | ||
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 | 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. | ||
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 | |||
R. 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) 415-1307. | If you have any questions regarding this matter, I may be reached at (301) 415-1307. | ||
Sincerely, | Sincerely, | ||
/RA/ | /RA/ | ||
Jack N. Donohew, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-482 cc: | |||
cc: See next page | See next page J. A. Gresham | ||
ML080450015 NRR-084 OFFICE LPL4/PM LPL4/LA DCI/CSGB/BC LPL4/BC NAME JDonohew JBurkhardt AHiser THiltz DATE 2/21/08 2/21/08 2/26/08 2/27/08 | |||
J.A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, PA | Wolf Creek Generating Station (2/2006) cc: | ||
Jay Silberg, Esq. | |||
Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, D.C. 20037 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 311 Burlington, KS 66839 Chief Engineer, Utilities Division Kansas Corporation Commission 1500 SW Arrowhead Road Topeka, KS 66604-4027 Office of the Governor State of Kansas 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 Chief, Radiation and Asbestos Control Section Kansas Department of Health and Environment Bureau of Air and Radiation 1000 SW Jackson, Suite 310 Topeka, KS 66612-1366 Vice President Operations/Plant Manager Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839 Supervisor Licensing Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839 U.S. Nuclear Regulatory Commission Resident Inspectors Office/Callaway Plant 8201 NRC Road Steedman, MO 65077-1032 J.A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355}} | |||
Latest revision as of 18:09, 14 January 2025
| ML080430015 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 02/27/2008 |
| From: | Donohew J NRC/NRR/ADRO/DORL/LPLIV |
| To: | Muench R Wolf Creek |
| Donohew J N, NRR/DORL/LPL4, 415-1307 | |
| References | |
| ET 08-0009, TAC MD8054 | |
| Download: ML080430015 (3) | |
Text
February 27, 2008 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839
SUBJECT:
WOLF CREEK GENERATING STATION - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD8054)
Dear Mr. Muench:
By letter dated February 8, 2008 (ET 08-0009), Wolf Creek Nuclear Operating Corporation (WCNOC, the licensee), submitted an affidavit dated February 1, 2008, executed by J. A. Gresham, Westinghouse Electric Company LLC, 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 390:
LTR-CDME-08-11-P-Attachment, "Interim Alternate Repair Criterion (ARC) for Cracks in the Lower Region of the Tubesheet Expansion Zone," (Proprietary),
dated January 31, 2008, which is Enclosure II to WCNOCs February 8, 2008, letter A nonproprietary copy of the document (designated LTR-CDME-08-11-NP-Attachment), which is Enclosure II to the WCNOCs February 8, 2008, letter, has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room under ADAMS Accession No. ML080440100.
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.
(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.
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
R. 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) 415-1307.
Sincerely,
/RA/
Jack N. Donohew, Senior Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-482 cc:
See next page J. A. Gresham
ML080450015 NRR-084 OFFICE LPL4/PM LPL4/LA DCI/CSGB/BC LPL4/BC NAME JDonohew JBurkhardt AHiser THiltz DATE 2/21/08 2/21/08 2/26/08 2/27/08
Wolf Creek Generating Station (2/2006) cc:
Jay Silberg, Esq.
Pillsbury Winthrop Shaw Pittman LLP 2300 N Street, NW Washington, D.C. 20037 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 311 Burlington, KS 66839 Chief Engineer, Utilities Division Kansas Corporation Commission 1500 SW Arrowhead Road Topeka, KS 66604-4027 Office of the Governor State of Kansas 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 Chief, Radiation and Asbestos Control Section Kansas Department of Health and Environment Bureau of Air and Radiation 1000 SW Jackson, Suite 310 Topeka, KS 66612-1366 Vice President Operations/Plant Manager Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839 Supervisor Licensing Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839 U.S. Nuclear Regulatory Commission Resident Inspectors Office/Callaway Plant 8201 NRC Road Steedman, MO 65077-1032 J.A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355