ML023120091

Withholding from Public Disclosure, WCAP-14787,

ML023120091
Person / Time
Site:	Point Beach
Issue date:	11/27/2002
From:	Spaulding D NRC/NRR/DLPM/LPD3
To:	Sepp H Westinghouse
References
TAC MB4956, TAC MB4957
Download: ML023120091 (4)

Text

November 27, 2002 Mr. H. A. Sepp, Manager Regulatory and Licensing Engineering Westinghouse Electric Company Nuclear Services P. O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

POINT BEACH NUCLEAR PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MB4956 AND MB4957)

Dear Mr. Sepp:

By application dated April 9, 2002, and affidavit dated April 10, 2002, you requested that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

"WCAP-14787, Revision 1, Westinghouse Revised Thermal Design Procedure Instrument Uncertainty Methodology for Wisconsin Electric Power Company Point Beach Units 1 and 2 (Fuel Upgrade & Uprate to 1656 MWt-NSSS Power with Feedwater Venturis, or 1679 MWt-NSSS Power with LEFM on Feedwater Header), (Proprietary)"

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commissions (NRCs) 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:

(a) The information reveals the distinguishing aspects of a process (or component, structures, tool, method, etc.) where prevention of its use by any of Westinghouses competitors without licence from Westinghouse constitutes a competitive advantage over other companies.

(b) It consists of supporting data, including test data, relative toa 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.

H. Sepp We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 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 as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(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 301-415-2928.

Sincerely,

/RA/

Deirdre W. Spaulding, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-266 and 50-301 cc: See next page

ML023120091 Point Beach Nuclear Plant, Units 1 and 2 cc:

Mr. John H. ONeill, Jr. Ms. Sarah Jenkins Shaw, Pittman, Potts & Trowbridge Electric Division 2300 N Street, NW Public Service Commission of Wisconsin Washington, DC 20037-1128 P.O. Box 7854 Madison, WI 53707-7854 Mr. Richard R. Grigg President and Chief Operating Officer Mr. Roy A. Anderson Wisconsin Electric Power Company Executive Vice President and 231 West Michigan Street Chief Nuclear Officer Milwaukee, WI 53201 Nuclear Management Company, LLC 700 First Street Site Licensing Manager Hudson, WI 54016 Point Beach Nuclear Plant Nuclear Management Company, LLC Nuclear Asset Manager 6610 Nuclear Road Wisconsin Electric Power Company Two Rivers, WI 54241 231 West Michigan Street Milwaukee, WI 53201 Mr. Ken Duveneck Town Chairman Mr. Fred J. Cayia Town of Two Creeks Site Vice President 13017 State Highway 42 Point Beach Nuclear Plant Mishicot, WI 54228 Nuclear Management Company, LLC 6610 Nuclear Road Chairman Two Rivers, WI 54241 Public Service Commission of Wisconsin P.O. Box 7854 Madison, WI 53707-7854 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Resident Inspector's Office U.S. Nuclear Regulatory Commission 6612 Nuclear Road Two Rivers, WI 54241 October 2002