ML061780618

Request for Withholding from Public Disclosure, Application of the Spatially Corrected Inverse Count Rate Method

ML061780618
Person / Time
Site:	Cook
Issue date:	07/06/2006
From:	Tam P Plant Licensing Branch III-2
To:	Maurer B Westinghouse
References
TAC MC3065
Download: ML061780618 (4)

Text

July 6, 2006 Mr. B. F. Maurer, Acting Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

DONALD C. COOK UNIT 2 - REQUEST FOR WITHHOLDING INFORMATION REGARDING APPLICATION OF THE SPATIALLY CORRECTED INVERSE COUNT RATE METHOD FROM PUBLIC DISCLOSURE (TAC NO. MC3065)

Dear Mr. Maurer:

By letter dated April 20 and affidavit dated April 21, 2006, you submitted a document entitled "SER Compliance with WCAP-16260-P-A, The Spatially Corrected Inverse Count Rate (SCICR)

Method for Subcritical Reactivity Measurement." You requested that the portion of the submittal marked as proprietary be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. You provided a nonproprietary version of the same portion, which we have 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 proprietary portion of the document 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.

(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.

We have reviewed your letter and the enclosed material in accordance with the requirements of 10 CFR 2.390, and on the basis of your statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the portion of the document which is marked as proprietary by Westinghouse 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

B. F. Maurer 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 301-415-1451.

Sincerely,

/RA/

Peter S. Tam, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-316 cc: See next page

ML061780618 OFFICE NRR/LPL3-1/PM NRR/LPL3-1/LA NRR/LPL3-1/BC NAME PTam THarris LRaghavan DATE 7/5/06 7/3/06 7/6/06

Donald C. Cook Nuclear Plant, Units 1 and 2 cc:

Regional Administrator, Region III Michigan Department of Environmental U.S. Nuclear Regulatory Commission Quality Suite 210 Waste and Hazardous Materials Div.

2443 Warrenville Road Hazardous Waste & Radiological Lisle, IL 60532-4351 Protection Section Nuclear Facilities Unit Attorney General Constitution Hall, Lower-Level North Department of Attorney General 525 West Allegan Street 525 West Ottawa Street P. O. Box 30241 Lansing, MI 48913 Lansing, MI 48909-7741 Township Supervisor Lawrence J. Weber, Plant Manager Lake Township Hall Indiana Michigan Power Company P.O. Box 818 Nuclear Generation Group Bridgman, MI 49106 One Cook Place Bridgman, MI 49106 U.S. Nuclear Regulatory Commission Resident Inspector's Office Mr. Joseph N. Jensen, Site Vice President 7700 Red Arrow Highway Indiana Michigan Power Company Stevensville, MI 49127 Nuclear Generation Group One Cook Place James M. Petro, Jr., Esquire Bridgman, MI 49106 Indiana Michigan Power Company One Cook Place Mr. Mano K. Nazar Bridgman, MI 49106 Senior Vice President and Chief Nuclear Officer Mayor, City of Bridgman Indiana Michigan Power Company P.O. Box 366 Nuclear Generation Group Bridgman, MI 49106 One Cook Place Bridgman, MI 49106 Special Assistant to the Governor Room 1 - State Capitol Lansing, MI 48909 Mr. John A. Zwolinski Safety Assurance Director Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106