ML073250081

Westinghouse Electric Company LLC Request for Withholding Information from Public Disclosure Regarding Letter (CAW-07-2252), Subject: WCAP-16271-P, Millstone Unit 3 Spent Fuel Pool Criticality Safety Analysis, March 2007 (Proprietary), Date

ML073250081
Person / Time
Site:	Millstone
Issue date:	12/14/2007
From:	John Lamb NRC/NRR/ADRO/DORL/LPLI-2
To:	Gresham J Westinghouse
Lamb John G./NRR/DORL, 415-3100
References
CAW-07-2252, TAC MD6070, WCAP-16271-P
Download: ML073250081 (4)

Text

December 14, 2007 Mr. David A. Christian President and Chief Nuclear Officer Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING MILLSTONE POWER STATION, UNIT 3 (TAC NO. MD6070)

Dear Mr. Christian:

By letter dated July 13, 2007, as supplemented on July 13, September 12, and November 19, 2007, Dominion Nuclear Connecticut, Inc. requested a proposed Stretch Power Uprate (SPU) amendment for Millstone Power Station Unit 3 (MPS3) that would increase the unit's authorized core power level from 3411 megawatts thermal (MWt) to 3650 MWt, and make changes to technical specifications as necessary.

As part of the proposed MPS3 SPU, you submitted an affidavit executed by B.F. Maurer on behalf of Westinghouse Electric Company LLC (Westinghouse), dated March 15, 2007, 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:

WCAP-16721-P, Millstone Unit 3 Spent Fuel Criticality Analysis, March 2007 (Proprietary).

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:

(4)(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.

(4)(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. Christian We have reviewed your application and the material in accordance with 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 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 301-415-3100.

Sincerely,

/ra/

John G. Lamb, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-423 cc. See next page

ML073250081 OFFICE LPL1-2/PM LPL1-1/LA SRXB/BC LPL1-2/BC NAME JLamb ABaxter GCranston HChernoff DATE 11/27/07 11/26/07 11/27/07 12/14/07 Millstone Power Station, Unit No. 3 cc:

Lillilan M. Cuoco, Esquire Mr. Joseph Roy, Senior Counsel Director of Operations Dominion Resources Services, Inc. Massachusetts Municipal Wholesale Building 475, 5th Floor Electric Company Rope Ferry Road Moody Street Waterford, CT 06385 P.O. Box 426 Ludlow, MA 01056 Edward L. Wilds, Jr., Ph.D.

Director, Division of Radiation Mr. J. Alan Price Department of Environmental Protection Site Vice President 79 Elm Street Dominion Nuclear Connecticut, Inc.

Hartford, CT 06106-5127 Building 475, 5th Floor Rope Ferry Road Regional Administrator, Region I Waterford, CT 06385 U.S. Nuclear Regulatory Commission 475 Allendale Road Mr. Chris Funderburk King of Prussia, PA 19406 Director, Nuclear Licensing and Operations Support First Selectmen Dominion Resources Services, Inc.

Town of Waterford 5000 Dominion Boulevard 15 Rope Ferry Road Glen Allen, VA 23060-6711 Waterford, CT 06385 Mr. William D. Bartron Mr. J. W. "Bill" Sheehan Licensing Supervisor Co-Chair NEAC Dominion Nuclear Connecticut, Inc.

19 Laurel Crest Drive Building 475, 5th Floor Waterford, CT 06385 Rope Ferry Road Waterford, CT 06385 Mr. Evan W. Woollacott Co-Chair Mr. James A. Gresham, Manager Nuclear Energy Advisory Council Regulatory Compliance and Plant Licensing 128 Terry's Plain Road Westinghouse Electric Company LLC Simsbury, CT 06070 P.O. Box 355 Pittsburgh, PA 15230-0355 Senior Resident Inspector Millstone Power Station c/o U.S. Nuclear Regulatory Commission P. O. Box 513 Niantic, CT 06357 Ms. Nancy Burton 147 Cross Highway Redding Ridge, CT 00870