ML083190176

Request for Withholding Information from Public Disclosure (R. E. Ginna Nuclear Power Plant)

ML083190176
Person / Time
Site:	Ginna
Issue date:	11/25/2008
From:	Pickett D V Plant Licensing Branch 1
To:	Pacher J E Ginna
Pickett D V
References
TAC MD8733
Download: ML083190176 (3)

Text

UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 NN6Th2r 25, zrm Mr. Joseph E. Pacher Manager, Nuclear Engineering Service's R.E. Ginna Nuclear Power Plant, LLC 1503 Lake Road Ontario, NY 14519-9364

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE R. E. GINNA NUCEAR POWER PLANT (TAC NO. MD8733)

Dear Mr. Pacher:

By letter dated October 31, 2008, you submitted an affidavit dated October 24,2008, executed by Mr. J. A.

Gresham on behalf of Westinghouse Electric Company LLC, 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:

Responses to NRC Request for Additional Information RE: Fourth 10-Year Interval Inservice Inspection Program Relief Request No. 19 -R.E. Ginna Nuclear Power Plant (TAC No. MD8733) (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: (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) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, snipment, installation, assurance of quality, or licensing a similar product. 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 Responses to NRC Request for Additional Information RE: Fourth 10-Year Intervallnservice Inspection Program Relief Request No. 19 -R.E. Ginna Nuclear Power Plant (TAC No. MD8733) (Proprietary) marked as proprietary, will be withheld from public disclosure J. Pacher -2 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 Nuclear Regulatory Commission (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 301-415-1364.

Sincerely, Douglas Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-244 cc: Distribution via Listserv Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box Pittsburgh, PA J. Pacher 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 Nuclear Regulatory Commission (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 301-415-1364.

Sincerely, IRA! Douglas Pickett, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-244 cc: Distribution via Listserv Mr. J. A. Gresham, Regulatory Compliance and Plant Westinghouse Electric Nuclear P.O. Box Pittsburgh, PA DISTRIBUTION:

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