ML18123A259

Request for Withholding of Proprietary Information from Public Disclosure (ND-18-0853)

ML18123A259
Person / Time
Site:	Vogtle
Issue date:	05/02/2018
From:	Eugene Guthrie Division of Reactor Safety II
To:	Klecha J Southern Nuclear Operating Co
References
ND-18-0853
Download: ML18123A259 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION REGION II 245 PEACHTREE CENTER AVENUE NE, SUITE 1200 ATLANTA, GEORGIA 30303-1257 May 2, 2018 Southern Nuclear Operating Company, Inc.

Mr. Joseph B. Klecha Site Vice President, Site Operations Plant Vogtle Units 3 & 4 7825 River Road Waynesboro, GA 30830

SUBJECT:

VOGTLE ELECTRIC GENERATING PLANT UNITS 3 & 4 - REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (ND-18-0853)

Dear Mr. Klecha:

During the period of time from June 7, 2017 until March 28, 2018, Mr. John Chuck Howard, Lead Exam Writer, provided reference materials, job performance measures (JPMs), simulator scenarios, and written examination test items to our staff. These items were provided to facilitate the development and administration of the NRC Initial Licensing examination, which was administered during the time periods of March 5 -14, 2018 (operating test) and March 21, 2018 (written exam).

On April 10, 2018, you submitted letter ND-18-0853, which contained a Westinghouse Application for Withholding Proprietary Information from Public Disclosure (CAW-18-4730), an accompanying Affidavit executed by the Director of Westinghouse Licensing & Regulatory Support on April 6, 2018, Proprietary Information Notice, and Copyright Notice. The Westinghouse Application for Withholding Proprietary Information from Public Disclosure requested that the items listed in your letter ND-18-0853, items numbered 4, 6, 8, 10 and 12, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. The affidavit stated that the items should be considered exempt from mandatory public disclosure for the following reasons:

The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouses competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

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.

J. Klecha 2 Westinghouse AP1000 provided a non-proprietary version of each item listed in your letter. The nonproprietary version of each item listed, items numbered 5, 7, 9, 11 and 13, will be placed in the NRCs Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

We have reviewed the Westinghouse AP1000 affidavit, CAW-18-4730, in accordance with the requirements of 10 CFR 2.390, and on the basis of its statements, we have determined that the submitted information contains proprietary commercial information and should be withheld from public disclosure. Therefore, the items listed in your letter ND-18-0853, which are designated 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 this matter, I may be reached at (404) 997-4662, (Internet E-mail: Eugene.Guthrie@nrc.gov).

Sincerely,

/RA/

Eugene F. Guthrie, Chief, Operations Branch 2 Division of Reactor Safety Docket Nos.: 52-025 License Nos.: NPF-91

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