ML082540858

Request for Withholding Information from Public Disclosure for Point Beach Nuclear Plant, Unit 1 (Tac No. MD8800)

ML082540858
Person / Time
Site:	Point Beach
Issue date:	09/25/2008
From:	Jack Cushing Plant Licensing Branch III
To:	Meyer L Florida Power & Light Energy Point Beach
Cushing, J S, NRR/DORL/LPLIII-1,415-1424
References
TAC MD8800
Download: ML082540858 (3)

Text

September 25, 2008

Mr. Larry Meyer Site Vice President Point Beach Nuclear Plant 6610 Nuclear Road Two Rivers, WI 54241

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR POINT BEACH NUCLEAR PLANT UNIT 1 (TAC NO. MD8800)

Dear Mr. Meyer:

By letter dated May 28, 2008, you submitted an affidavit dated May 19, 2008, executed by B. F.

Maurer ABWR Licensing Manager Westinghouse Electric Company LLC, and 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:

LTR-CDME-08-11, Rev. 1, P-Attachment, "Interim Alternate Repair Criterion (ARC) for Cracks in the Lower Region of the Tubesheet Expansion Zone," dated April 29, 2008, and LTR-CDME-08-43, Rev. 1, P-Attachment, "Response to NRC Request for Additional Information Relating to LTR-CDME-08-11, Rev. 1, P-Attachment," dated April 29, 2008.

Nonproprietary copies of these documents have 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:

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitute Westinghouse policy and provide the rational basis required.

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) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization improved marketability. 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) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

f) It contains patentable ideas, for which patent protection may be desirable.

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 versions of the submitted information 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 301-415-1424.

Sincerely, /RA/ Jack Cushing, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-266 cc: See next page

If you have any questions regarding this matter, I may be reached at 301-415-1424.

Sincerely, /RA/ Jack Cushing, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-266 cc: See next page DISTRIBUTION

PUBLIC LPL3-1 R/F RidsNrrPMPointBeach Resource RidsNrrLATHarris Resource RidsNrrDorlLpl3-1 Resource RidsNrrDSSsrxb RidsOgcMailCenter Resource RidsAcrsAcnw_MailCTR Resource RidsRgn3MailCenter Resource

ADAMS Accession Number: ML082540858 *see previous concurrence OFFICE LPL3-1/PM LPL3-1/LASRXB/BC* LPL3-1/BC NAME JCushing: THarris GCranston LJames DATE 09/19/ 08 09/ 22 / 08 09/ 15/ 08 09/ 25 / 08 OFFICIAL RECORD COPY Point Beach Nuclear Plant, Units 1 and 2 cc: Licensing Manager FPL Energy Point Beach, LLC 6610 Nuclear Road Two Rivers, WI 54241 Mr. Ken Duveneck Town Chairman Town of Two Creeks 13017 State Highway 42 Mishicot, WI 54228 Resident Inspector's Office U.S. Nuclear Regulatory Commission 6612 Nuclear Road Two Rivers, WI 54241 Chairman Public Service Commission of Wisconsin P.O. Box 7854 Madison, WI 53707-7854 Mr. J. A. Stall Executive Vice President, Nuclear and Chief Nuclear Officer FPL Group P. O. Box 14000 Juno Beach, FL 33408-0420

T. O. Jones Vice President, Nuclear Operations Mid-West Region Florida Power & Light Company P. O. Box 14000 Juno Beach, FL 33408-0420 Peter Wells Acting Vice President, Nuclear Training and Performance Improvement Florida Power & Light Company P. O. Box 14000 Juno Beach, FL 33408-0420 John Bjorseth Plant General Manager Point Beach Nuclear Plant 6610 Nuclear Road Mark E. Warner Vice President, Nuclear Plant Support Florida Power & Light Company P. O. Box 14000 Juno Beach, FL 33408-0420

Mr. Antonio Fernandez Senior Attorney FPL Energy , LLC P. O. Box 14000 Juno Beach, FL 33408-0420 Mr. Mano Nazar Senior Vice President and Nuclear Chief Operating Officer FPL Energy, LLC P. O. Box 14000 Juno Beach, FL 33408-0420

Abdy Khanpour Vice President Engineering Support FPL Energy, LLC P. O. Box 14000 Juno Beach, FL 33408-0420 J. Kitsembel Electric Division Public Service Commission of Wisconsin P. O. Box 7854 Madison, WI 53707-7854 Mr. M. S. Ross Managing Attorney FPL Energy, LLC P. O. Box 14000 Juno Beach, FL 33408-0420