ML14122A125

Point Beach Nuclear Generating Plant, Units 1 and 2 - Request for Withholding of Proprietary Information from Public Disclosure (TAC Nos. MF0532 and MF0533)

ML14122A125
Person / Time
Site:	Point Beach
Issue date:	06/20/2014
From:	Beltz T A Plant Licensing Branch III
To:	McCartney E Point Beach
Beltz T A
References
TAC MF0532, TAC MF0533
Download: ML14122A125 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Eric McCartney Site Vice President NextEra Energy Point Beach, LLC 6610 Nuclear Road Two Rivers, WI 54241 June 20, 2014

SUBJECT:

POINT BEACH NUCLEAR PLANT (POINT BEACH), UNITS 1 AND 2-REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MF0532 AND MF0533)

Dear Mr. McCartney:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated January 15, 2013 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 13016A028), NextEra Energy Point Beach, LLC (NextEra, the licensee) submitted a license amendment request to revise the Point Beach, Units 1 and 2, technical specifications (TS) to allow the use of two new methodologies incorporated into TS 5.6.5, "Reactor Coolant System (RCS) Pressure and Temperature Limits Report (PTLR)," for determining RCS temperature limits. In a letter dated March 11, 2014 (ADAMS Accession No. ML 14071A405), NextEra submitted responses to NRC staff requests for additional information in support of its license amendment request. The letter included, as Enclosure 3, an affidavit executed on February 27, 2014, by Neil Wilmshurst, Vice President and Chief Nuclear Officer of the Electric Power Research Institute, Inc. (EPRI). The affidavit was executed to support withholding Enclosure 2 from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 0 CFR), Part 2, Section 2.390. The affidavit stated that Enclosure 2 should be considered exempt because it contains:

a. Information that constitutes trade secrets of EPRI b. Information that, if made publicly available to consultants and/or other businesses providing service in the electric and/or nuclear power industry, would constitute a commercial benefit and profit without expending substantial economic resources.

c. Information that would be highly likely to cause substantial harm to EPRI's competitive position and the ability to license the information both domestically and internationally.

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

Therefore, Enclosure 2, which is marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 1 03(b) of the Atomic Energy Act of 1954, as amended.

Enclosure 1 of the March 11, 2014, submittal was provided as a non-proprietary version of Enclosure 2, and was released to the public (ADAMS Accession No. ML 14071A405).

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 301-415-3049.

Sincerely, Docket Nos. 50-266 and 50-301 cc: Neil Wilmshurst Vice President and Chief Nuclear Officer Electric Power Research Institute, Inc. 1300 West WT Harris Boulevard Charlotte, NC 28262 Additional Distribution via ListServ Terry A. Beltz, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation E. McCartney Enclosure 1 of the March 11, 2014, submittal was provided as a non-proprietary version of Enclosure 2, and was released to the public (ADAMS Accession No. ML 14071A405).

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 301-415-3049.

Sincerely, IRA! Terry A Beltz, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-266 and 50-301 cc: Neil Wilmshurst Vice President and Chief Nuclear Officer Electric Power Research Institute, Inc. 1300 West WT Harris Boulevard Charlotte, NC 28262 Additional Distribution via ListServ DISTRIBUTION PUBLIC LPL3-1 R/F RidsNrrDorllpl3-1 Resource RidsNrrLAHenderson Resource RidsAcrsAcnw_MaiiCTR Resource RidsRgn3Mai1Center Resource RidsNrrDoriDpr Resource ADAMS Accession No.: ML14122A125 OFFICE LPL3-1/PM LPL3-1/LA EVIB/BC NAME TBeltz MHenderson SRosenberg DATE 05/07/2014 05/14/2014 06/11/2014 OFFICIAL RECORD COPY RidsNrrPMPointBeach Resource RidsNrrDeEvib Resource S. Sheng, NRR LPL3-1/BC LPL3-1/PM RCarlson TBeltz 06/17/2014 06/20/2014