ML060310031

Westinghouse Electric Company, Request for Withholding Information from Public Disclosure for Beaver Valley Power Station, Unit Nos. 1 and 2 (TAC No. MC4645 and MC4646)

ML060310031
Person / Time
Site:	Beaver Valley
Issue date:	02/06/2006
From:	Colburn T G Plant Licensing Branch III-2
To:	Gresham J A Westinghouse
Colburn T G/DLPM/415-1402
References
TAC MC4645, TAC MC4646
Download: ML060310031 (5)

Text

February 6, 2006Mr. J. A. Gresham, ManagerRegulatory Compliance and Plant Licensing Westinghouse Electric Company

P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDINGINFORMATION FROM PUBLIC DISCLOSURE FOR BEAVER VALLEY POWER STATION, UNIT NOS. 1 AND 2 (TAC NOS. MC4645 AND MC4646)

Dear Mr. Gresham:

By letter dated July 8, 2005, L-05-112, "Responses to a Request for Additional Information inSupport of License Amendment Request Nos. 302 and 173," FirstEnergy Nuclear Operating Company (the licensee) submitted an affidavit dated July 7, 2005, executed by yourself. You requested that the information contained in Enclosure 2 of the licensee's July 8, 2005, letter bewithheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:A nonproprietary copy of this document has been placed in the Nuclear RegulatoryCommission's (NRC's) Public Document Room and added to the Agencywide DocumentsAccess and Management System Public Electronic Reading Room.The affidavit stated that the submitted information should be considered exempt frommandatory 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 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.(c)Its use by a competitor would reduce his expenditure of resources or improve hiscompetitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.We have reviewed your application and the material in accordance with the requirements of10 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 as proprietary will be withheld frompublic disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

J. Gresham-2-Withholding from public inspection shall not affect the right, if any, of persons properly anddirectly 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 futuresuch 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 reviewthis 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 determinationadverse to the above, you will be notified in advance of any public disclosure.If you have any questions regarding this matter, please call me at 301-415-1402.Sincerely,/RA/Timothy G. Colburn, Senior Project ManagerPlant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. 50-334 and 50-412 cc: See next page J. Gresham-2-Withholding from public inspection shall not affect the right, if any, of persons properly anddirectly 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 futuresuch 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 reviewthis 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 determinationadverse to the above, you will be notified in advance of any public disclosure.If you have any questions regarding this matter, please call me at 301-415-1402.Sincerely,/RA/Timothy G. Colburn, Senior Project ManagerPlant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor RegulationDocket Nos. 50-334 and 50-412 cc: See next pageDISTRIBUTION

PUBLICRidsNrrDssSpwb LPLI-1 R/FRidsNrrPMTColburn RidsOgc RpRidsNrrLASLittleRidsNrrDorlLplaACCESSION NO. ML060310031OFFICELPLI-1/PMLPLI-1/LAPWSB/BCLPLI-1/BCNAMETColburnSLittleJNakoskiRLaufer DATE2/02/062/02/062/03/062/06/06OFFICIAL RECORD COPY Beaver Valley Power Station, Unit Nos. 1 and 2 cc:

Gary R. LeidichPresident and Chief Nuclear Officer FirstEnergy Nuclear Operating Company Mail Stop A-GO-19 76 South Main Street Akron, OH 44308Joseph J. HaganSenior Vice President of Operations and Chief Operating Officer FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308Danny L. PaceSenior Vice President, Fleet Engineering FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308Jeannie M. RinckelVice President, Fleet Oversight FirstEnergy Nuclear Operating Company Mail Stop A-GO-14 76 South Main Street Akron, OH 44308David W. Jenkins, AttorneyFirstEnergy Corporation Mail Stop A-GO-18 76 South Main Street Akron, OH 44308Manager, Fleet LicensingFirstEnergy Nuclear Operating Company Mail Stop A-GHE-107 395 Ghent Road Akron, OH 44333James H. LashVice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-SEB1 P.O. Box 4, Route 168 Shippingport, PA 15077Lew W. MyersExecutive Vice President, Special Projects FirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-SGRP P.O. Box 4, Route 168 Shippingport, PA 15077Manager, Site Regulatory ComplianceFirstEnergy Nuclear Operating Company Beaver Valley Power Station Mail Stop A-BV-A P.O. Box 4, Route 168 Shippingport, PA 15077Commissioner James R. LewisWest Virginia Division of Labor 749-B, Building No. 6 Capitol Complex Charleston, WV 25305Director, Utilities DepartmentPublic Utilities Commission 180 East Broad Street Columbus, OH 43266-0573Director, Pennsylvania Emergency Management Agency 2605 Interstate Dr.

Harrisburg, PA 17110-9364Ohio EPA-DERRATTN: Zack A. Clayton P.O. Box 1049 Columbus, OH 43266-0149 Beaver Valley Power Station, Unit Nos. 1 and 2 (continued) cc:

Dr. Judith JohnsrudEnvironmental Coalition on Nuclear Power Sierra Club 433 Orlando Avenue State College, PA 16803DirectorBureau of Radiation Protection Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469Mayor of the Borough of Shippingport P.O. Box 3 Shippingport, PA 15077Regional Administrator, Region IU.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406Resident InspectorU.S. Nuclear Regulatory Commission

P.O. Box 298 Shippingport, PA 15077