ML16117A322

Request for Withholding Information from Public Disclosure - 3/2/16 Affidavit Executed by J. Gresham, Westinghouse, LTR-PAFM-16-11-P, Rev. 0, Related to Relief Request, Use of ASME Code Case N-770-1

ML16117A322
Person / Time
Site:	South Texas
Issue date:	05/04/2016
From:	Regner L M Plant Licensing Branch IV
To:	Koehl D L South Texas
Regner L M
References
CAC MF7428
Download: ML16117A322 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Mr. Dennis L. Koehl President and CEO/CNO STP Nuclear Operating Company South Texas Project P.O. Box 289 VVadsworth, TX 77483 May 4, 2016

SUBJECT:

SOUTH TEXAS PROJECT, UNIT 2 -REQUEST FOR VVITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NO. MF7428)

Dear Mr. Koehl:

By letter dated March 3, 2016 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML 16076A341

), STP Nuclear Operating Company (STPNOC, the licensee) submitted an affidavit dated March 3, 2016, executed by Mr. James A. Gresham, Manager, Regulatory Compliance, VVestinghouse Electric Company LLC (VVestinghouse}, 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: Attachment 2 of the STPNOC letter dated March 3, 2016: LTR-PAFM-16-11-P, Revision 0, "Technical Justification to Support Extended Volumetric Examination Interval for South Texas Unit 2 Reactor Vessel Inlet Nozzle to Safe End Dissimilar Metal VVelds" A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library in ADAMS at Accession No. ML 16076A319.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: (a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of VVestinghouse's competitors without license from VVestinghouse 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.

D. Koehl (c) (d) (e) (f) 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. It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

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 1 O 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 under parts (a), (c), and (e) above. The information does not meet the withholding requirements under parts (b), (d), and (f) above. Future affidavits should provide the specific parts under which the information should be withheld.

The version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 1 O 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 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.

D. Koehl If you have any questions regarding this matter, I may be reached at 301-415-1906.

Docket No. 50-499 cc: Mr. James A. Gresham Manager, Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Building 3, Suite 310 Cranberry Township, PA 16066 Additional Distribution via Listserv Lisa M. Regner, Senior Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation D. Koehl If you have any questions regarding this matter, I may be reached at 301-415-1906.

Docket No. 50-499 cc: Mr. James A. Gresham Manager, Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Building 3, Suite 310 Cranberry Township, PA 16066 Additional Distribution via Listserv DISTRIBUTION:

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o. Sincerely, /RA/ Lisa M. Regner, Senior Project Manager Plant Licensing Branch IV-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

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/PM NAME LRegner JBurkhardt DAiiey* RPascarelli LRegner DATE 04/28/16 04/28/16 05/03/16 05/04/16 05/04/16 OFFICIAL RECORD COPY