ML16139A200

Request for Information from Public Disclosure (CAC Nos. MF7269 and MF7270)

ML16139A200
Person / Time
Site:	Saint Lucie
Issue date:	05/26/2016
From:	Perry Buckberg Plant Licensing Branch II
To:	Nazar M NextEra Energy
Buckberg P, NRR/DORL/LPL2-2, 415-1447
References
CAC MF7269, CAC MF7270
Download: ML16139A200 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 26, 2016 Mr. Mano Nazar President and Chief Nuclear Officer Nuclear Division NextEra Energy P.O. Box 14000 Juno Beach, FL 33408-0420

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THE ST. LUCIE PLANT, UNIT NOS. 1 AND 2 (CAC NOS. MF7269 AND MF7270)

Dear Mr. Nazar:

By letter dated May 6, 2016 (Agencywide Documents Access and Management System (ADAMS)

Accession No. ML16133A045), Florida Power & Light Company (the licensee) submitted an affidavit dated March 29, 2016, executed by James A. Gresham, on behalf of Westinghouse Electric Company LLC., requesting that 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.

"St. Lucie Units 1 and 2 ANC8 ITC Bias" A non-proprietary version of this document is publicly available under ADAMS Accession No.

ML15314A161.

The affidavit 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 competitiors without license from Westinghouse constitutes a competitive advantage over other companies.

4(ii)(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 optimizing or improved marketability.

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.

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 affidavits, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

..

M. Nazar Therefore, the information marked as proprietary that was included with the May 6, 2016, letter 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.

Please direct any inquiries to me at 301-415-1383 or Perrv.Buckberg@nrc.gov.

Sincerely,

~i:~. Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389 cc: Mr. James A Gresham, Manager Regulatory Compliance Westinghouse Electric Company 1000 Westinghouse Drive Suite 310 Cranberry Township, PA 16066 Mr. Christopher Costanzo Site Vice President Florida Power & Light 6501 S. Ocean Drive Jensen Beach, FL 34957 Additional Distribution via Listserv

ML16139A200 OFFICE DORL/LPL2-2/PM DORL/LPL2-2/LA DSS/SRXB/BC (A)

NAME PBuckberQ BClayton EOesterle DATE 05/23/16 05/23/16 05/24/16 OFFICE DORL/LPL2-2/BC DORL/LPL2-2/PM NAME BBeasley PBuckberg DATE 05/25/16 05/26/16