ML19084A008

U.S. Nuclear Regulatory Commission Approval of Florida Power & Light Company Request for Withholding Information from Public Disclosure

ML19084A008
Person / Time
Site:	Turkey Point
Issue date:	03/28/2019
From:	Lois James NRC/NRR/DMLR/MRPB
To:	Nazar M Florida Power & Light Co
Lois James, 301-415-3306
References
EPID: L-2018-RNW-0002
Download: ML19084A008 (4)

Text

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March 28, 2019 Mr. Mano Nazar President, Nuclear Division and Chief Nuclear Officer Florida Power and Light Company 700 Universe Blvd Mail Stop EX/JB Juno Beach, FL 33408

SUBJECT:

U.S. NUCLEAR REGULATORY COMMISSION APPROVAL OF FLORIDA POWER & LIGHT COMPANY REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID NO. L-2018-RNW-0002)

Dear Mr. Nazar:

By letters dated January 30, 2018, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18037A812), February 9, 2018 (ADAMS Accession No. ML18044A653), February 16, 2018 (ADAMS Accession No. ML18053A123), March 1, 2018 (ADAMS Accession No. ML18072A224), and April 10, 2018 (ADAMS Accession Nos. ML18102A521 and ML18113A132), Florida Power & Light Company (FPL) submitted an application for subsequent license renewal of Renewed Facility Operating License Nos. DPR-31 and DPR-41 for the Turkey Point Nuclear Generating Unit Nos. 3 and 4 (Turkey Point) to the U.S. Nuclear Regulatory Commission (NRC) pursuant to Section 103 of the Atomic Energy Act of 1954, as amended, and Part 54 of Title 10 of the Code of Federal Regulations, Requirements for renewal of operating licenses for nuclear power plants.

As part of the application review, NRC staff issued requests for additional information (RAIs) on March 6, 2019 (ADAMS Accession No. ML19070A135). As part of its response, FPL submitted an affidavit executed by Camille Zozula, Manager, Infrastructure & Facilities Licensing, Westinghouse Electric Company LLC ("Westinghouse"), dated February 19, 2019, requesting that the information contained in the following document be withheld from public disclosure pursuant to 10 CFR Part 2, Section 2.390:

LTR-REA-18-157-P, Rev. 0, Recommended Response to Nuclear Regulatory Commission (NRC) Request for Additional Information (RAI) B.2.3.7-F Related to the Turkey Point Subsequent License Renewal Application (SLRA) (Proprietary)

A nonproprietary copy of this document had been placed in the NRC's Public Document Room and added to the NRC Library at Agencywide Documents Access and Management System Accession No. ML19070A113.

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

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

• The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

• This information is being provided to the NRC in confidence with the expectation of non-disclosure;

• This information is not available in public sources and cannot be gathered readily from other publicly-available information;

• Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justification and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of this information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 9.17 and 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 trade secrets or confidential or privileged commercial or financial information and should be withheld from public disclosure.

Therefore, the version 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.

M. Nazar If you have any questions regarding this matter, I may be reached at 301-415-3306, or by e-mail at Lois.James@nrc.gov.

Sincerely,

/RA/

Lois M. James, Senior Project Manager License Renewal Project Branch Division of Materials and License Renewal Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251 cc: Listserv

ML19084A008 *via e-mail OFFICE PM:MRPB:DMLR LA:MRPB:DMLR BC:MVIB:DMLR BC:MRPB:DMLR NAME LJames YEdmonds DAlley* EOesterle DATE 03/28/2019 03/26/2019 03/22/2019 03/28/2019 OFFICE PM:MRPB:DMLR NAME LJames DATE 03/28/2019