ML073250081

Westinghouse Electric Company LLC Request for Withholding Information from Public Disclosure Regarding Letter (CAW-07-2252), Subject: WCAP-16271-P, Millstone Unit 3 Spent Fuel Pool Criticality Safety Analysis, March 2007 (Proprietary), Date

ML073250081
Person / Time
Site:	Millstone
Issue date:	12/14/2007
From:	Lamb J G NRC/NRR/ADRO/DORL/LPLI-2
To:	Gresham J A Westinghouse
Lamb John G./NRR/DORL, 415-3100
References
CAW-07-2252, TAC MD6070, WCAP-16271-P
Download: ML073250081 (4)

Text

December 14, 2007

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

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING MILLSTONE POWER STATION, UNIT 3 (TAC NO. MD6070)

Dear Mr. Christian:

By letter dated July 13, 2007, as supplemented on July 13, September 12, and November 19, 2007, Dominion Nuclear Connecticut, Inc. requested a proposed Stretch Power Uprate (SPU) amendment for Millstone Power Station Unit 3 (MPS3) that woul d increase the unit's authorized core power level from 3411 megawatts thermal (MWt) to 3650 MWt, and make changes to technical specifications as necessary.

As part of the proposed MPS3 SPU, you submitted an affidavit executed by B.F. Maurer on behalf of Westinghouse Electric Company LLC (Westinghouse), dated March 15, 2007, 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:

WCAP-16721-P, "Millstone Unit 3 Spent Fuel Criticality Analysis," March 2007 (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:

(4)(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.

(4)(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.

D. Christian We have reviewed your application and the material in accordance with 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 version of the submitted information marked 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 301-415-3100.

Sincerely, /ra/

John G. Lamb, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation

Docket No. 50-423

cc. See next page

ML073250081 OFFICE LPL1-2/PM LPL1-1/LA SRXB/BC LPL1-2/BC

NAME JLamb ABaxter GCranston HChernoff

DATE 11/27/07 11/26/07 11/27/07 12/14/07 Millstone Power Stat ion, Unit No. 3 cc: Lillilan M. Cuoco, Esquire Senior Counsel Dominion Resources Services, Inc.

Building 475, 5 th Floor Rope Ferry Road Waterford, CT 06385

Edward L. Wilds, Jr., Ph.D.

Director, Division of Radiation Department of Environmental Protection 79 Elm Street Hartford, CT 06106-5127

Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406

First Selectmen Town of Waterford 15 Rope Ferry Road Waterford, CT 06385

Mr. J. W. "Bill" Sheehan Co-Chair NEAC 19 Laurel Crest Drive Waterford, CT 06385

Mr. Evan W. Woollacott Co-Chair Nuclear Energy Advisory Council 128 Terry's Plain Road Simsbury, CT 06070

Senior Resident Inspector Millstone Power Station c/o U.S. Nuclear Regulatory Commission P. O. Box 513 Niantic, CT 06357

Ms. Nancy Burton 147 Cross Highway Redding Ridge, CT 00870

Mr. Joseph Roy, Director of Operations Massachusetts Municipal Wholesale Electric Company Moody Street P.O. Box 426 Ludlow, MA 01056

Mr. J. Alan Price Site Vice President Dominion Nuclear Connecticut, Inc.

Building 475, 5 th Floor Rope Ferry Road Waterford, CT 06385

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

5000 Dominion Boulevard Glen Allen, VA 23060-6711

Mr. William D. Bartron Licensing Supervisor Dominion Nuclear Connecticut, Inc.

Building 475, 5 th Floor Rope Ferry Road Waterford, CT 06385

Mr. James A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355