ML073110104

Virginia Electric and Power Company, Units 1 and 2 Request for Withholding Information from Public Disclosure for Surry Power Station, (TAC MD7033 and MD7034)

ML073110104
Person / Time
Site:	Surry
Issue date:	11/26/2007
From:	Jervey R A NRC/NRR/ADRO/DORL/LPLII-1
To:	Bischof G T Virginia Electric & Power Co (VEPCO)
Jervey, Richard 301-415-2728
References
TAC MD7033, TAC MD7034
Download: ML073110104 (4)

Text

November 26, 2007

Mr. Gerald T. Bischof Vice President, Nuclear Engineering Virginia Electric and Power Company Richmond, Virginia 23261

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SURRY POWER STATION, UNIT NOS. 1 AND 2 (TAC NOS. MD7033 AND MD7034)

Dear Mr. Bischof:

By letter dated November 2, 2007, Virginia Electric and Power Company (VEPCO) submitted an affidavit also dated November 2, 2007, executed by Gerald T. Bischof, you requested 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:

CD-ROM containing GOTHIC, Containment Analysis Methodology Code and input parameters "model files" from the demonstration cases in Section 3.3 of Attachment 1 from VEPCO's letter dated November 2, 2007, they are:

1. The base case analyzed assuming the actual sump pool surface area of 11,757 sq. ft.

2. The proposed alternate methodology assuming a liquid-vapor interface area of 11,757 sq. ft. plus an additional 40,000 sq. ft. of area. The additional area represents 39.1% of the total surface areas of all steel conductors with a surface temperature that exc eeds the boiling temperature of containment pressure about the time of minimum NPSH.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a) This information is of a type that is held in confidence by Dominion, and there is a rational basis for doing so because the information contains sensitive commercial information concerning Dominion's containment analysis methodology.

(b) The information was transmitted in confidence.

(c) The information is not available in public sources and could not be gathered readily from other publicly available information.

(d) Public disclosure of this information would create substantial harm to the competitive position of Dominion by disclosing confidential internal containment analysis methodology information to other parties whose commercial interests may be adverse to those of Dominion. Furthermore, Dominion has expended significant engineering resources in the development of the information. Therefore, the use of

this confidential information by competitors, would permit them to use the information developed by Dominion without the expenditure of similar resources; thus giving them a competitive advantage.

We have reviewed your application and the material in accordance with the requirements of 10 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 CD-ROM containing GOTHIC, Containment Analysis Methodology Code and input parameters "model files" from the demonstration cases in Section 3.3 of Attachment 1 from Dominion letter dated November 2, 2007, 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 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 301-415-2728.

Sincerely,

/RA/ R. A. Jervey, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket Nos. 50-280 and 50-281

cc: See next page

this confidential information by competitors, would permit them to use the information developed by Dominion without the expenditure of similar resources; thus giving them a competitive advantage.

We have reviewed your application and the material in accordance with the requirements of 10 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 CD-ROM containing GOTHIC, Containment Analysis Methodology Code and input parameters "model files" from the demonstration cases in Section 3.3 of Attachment 1 from

Dominion letter dated Oct ober 22, 2007, 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 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 301-415-2728.

Sincerely,

/RA/ R. A. Jervey, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket Nos. 50-280 and 50-281

cc: See next page

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ADAMS Accession No: ML073110104 NRR084

OFFICIAL AGENCY RECORD OFFICE LPL2-1/PM LPL2-1/LA NRR/SRXB/BC LPL2-1/BC

NAME RJervey MO=Brien GCranston EMarinos DATE 11/20/07 11/20/07 11/20/07 11 /26 /07 Surry Power Station, Units 1 & 2

cc:Mr. David A. Christian President and Chief Nuclear Officer Virginia Electrical and Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711

Ms. Lillian M. Cuoco, Esq.

Senior Counsel Dominion Resources Services, Inc.

120 Tredegar Street, RS-2 Richmond, VA 23219

Mr. Donald E. Jernigan Site Vice President Surry Power Station Virginia Electric and Power Company 5570 Hog Island Road Surry, Virginia 23883-0315

Senior Resident Inspector Surry Power Station U. S. Nuclear Regulatory Commission 5850 Hog Island Road Surry, Virginia 23883

Chairman Board of Supervisors of Surry County Surry County Courthouse Surry, Virginia 23683

Dr. W. T. Lough Virginia State Corporation Commission Division of Energy Regulation Post Office Box 1197 Richmond, Virginia 23218

Dr. Robert B. Stroube, MD, MPH State Health Commissioner Office of the Commissioner Virginia Department of Health Post Office Box 2448 Richmond, Virginia 23218 Office of the Attorney General Commonwealth of Virginia 900 East Main Street Richmond, Virginia 23219

Mr. Chris L. Funderburk, Director Nuclear Licensing & Operations Support Dominion Resources Services, Inc.

Innsbrook Technical Center 5000 Dominion Blvd.

Glen Allen, Virginia 23060-6711

Mr. Matt Adams, Director Nuclear Safety & Licensing Virginia Electric and Power Company Surry Power Station 5570 Hog Island Road Surry, VA 23883-0315