ML16021A161

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Request for Withholding Information from Public Disclosure for Point Beach Nuclear Plant, Unit 2
ML16021A161
Person / Time
Site: Point Beach NextEra Energy icon.png
Issue date: 02/16/2016
From: Mahesh Chawla
Plant Licensing Branch III
To: Mccartney E
Point Beach
Mahesh Chawla, NRR/DORL
References
CAC MF6615
Download: ML16021A161 (3)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 16, 2016 Mr. Eric McCartney Site Vice President NextEra Energy Point Beach, LLC 6610 Nuclear Road Two Rivers, WI 54241

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR POINT BEACH NUCLEAR PLANT, UNIT 2 (CAC NO. MF6615)

Dear Mr. McCartney:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated November 19, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15324A152), NextEra Energy Point Beach, LLC (the licensee) submitted a response to an NRC request for additional information (RAI). The RAI was related to Relief Request, 2-RR-11, which was submitted on August 13, 2015 (ADAMS Accession No. ML15225A104), for Unit 2 Steam Generator Nozzle to Safe-End Dissimilar Metal Weld Inspection.

The submittal dated November 19, 2015, was accompanied by an affidavit dated November 12, 2015, executed by James A Gresham, Regulatory Compliance Manager, Westinghouse Electric Company LLC, 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), Section 2.390:

Westinghouse LTR-PAFM-15-108, Attachment A, "Responses to NRC RAls Regarding Point Beach Unit 2 Steam Generator Primary Nozzle to Safe-end Weld Flaw Evaluation."

A non-proprietary version of this document was provided as Attachment B of the submittal dated November 19, 2015, and has been made publicly available in ADAMS.

The affidavit and submittal dated November 19, 2015, stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(4)(ii)(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)(ii)(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.

E. McCartney (4)(ii)(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

We have reviewed your application and the material in accordance with the requirements of 1O 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 document identified above, marked as proprietary, will be withheld from public disclosure pursuant to 1O 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 301-415-8371.

Sincerely, Mahesh Chawla, Project Manager Plant Licensing Branch 3-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-301 cc: Mr. James A. Gresham, Manager Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Building 3, Suite 310 Cranberry Township, PA 16066 Distribution via Listserv

ML16021A161 OFFICE LPL3-1/PM LPL3-1/PM LPL3-1/LA DE/EPNB/BC LPL3-1/BC LPL3-1/PM NAME ADietrich MChawla MHenderson DAiiey DWrona MChawla DATE 1/21/2016 2/09/2016 2/11/2016 2/11/2016 2/16/2016 2/16/2016