ML120580122

Request for Withholding Information from Public Disclosure by Letter Dated January 12, 2012

ML120580122
Person / Time
Site:	Catawba
Issue date:	02/27/2012
From:	Jacqueline Thompson Plant Licensing Branch II
To:	Morris J Duke Energy Carolinas
Thompson J, DORL/LPL2-1, 415-1119
References
TAC ME6670, TAC ME6671
Download: ML120580122 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 27, 2012 Mr. J. R. Morris Site Vice President Catawba Nuclear Station Duke Energy Carolinas, LLC 4800 Concord Road York, SC 29745

SUBJECT:

CATAWBA NUCLEAR STATION, UNITS 1 AND 2, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE BY LETTER DATED JANUARY 12, 2012 (TAC NOS. ME6670 AND ME6671)

Dear Mr. Morris:

By letter dated January 12, 2012, you submitted an affidavit dated January 5, 2012, executed by Mr. J. A. Gresham, Westinghouse Electric Company LLC (Westinghouse), to the U.S. Nuclear Regulatory Commission (NRC) 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-SGMMP-11-28 P-Attachment, "Response to USNRC Request for Additional Information Regarding the Catawba License Amendment Request for Permanent Application of the Alternate Repair Criterion, H*" (Proprietary)

A nonproprietary copy of this document has been placed in the NRC's Public Document Room and added to the NRC Library in the Agencywide Documents Access and Management System (ADAMS) at Accession No. ML12019A250. The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

J. Morris - 2 Under that system, information is held in confidence if it falls in one 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.

(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 commercial 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 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

J. Morris - 3 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, please call me at 301-415-1119.

Sincerely, Cj&" ~JJv,7V~'-

Jon Thompson, Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-413 and 50-414 cc: Mr. J. A. Gresham, Manager Regulatory Compliance Westinghouse Electric Company LLC, Suite 428 1000 Westinghouse Drive Cranberry Township, PA 16066 Additional Distribution via Listserv

ML120580122 OFFICE NRR/LPL2-1/PM NRR/LPL2-1/LA NRR/LPL2-1/PM JThompson SFigueraa (JBurkhardt for) Igada JThompsan TE 02127/12 02/27/12 02/27/12 02/27/12