ML102160749

Request for Withholding Information from Public Disclosure for Millstone Power Station, Unit No. 3

ML102160749
Person / Time
Site:	Millstone
Issue date:	09/22/2010
From:	Sanders C Plant Licensing Branch 1
To:	Heacock D Dominion Nuclear Connecticut
Sandeers, Carleen, NRR/DORL, 415-1603
References
TAC ME2978, FOIA/PA-2011-0115
Download: ML102160749 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 22,2010 Mr. David A. Heacock President and Chief Nuclear Officer Dominion Nuclear Connecticut, Inc.

Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR MILLSTONE POWER STATION, UNIT NO.3 (TAC NO. ME2978)

Dear Mr. Heacock:

By letter dated November 23, 2009 (Agencywide Document Access and Management System (ADAMS) Accession No. ML093620085), Dominion Nuclear Connecticut, Inc. (DNC) submitted affidavit CAW-09-2569, dated May 4,2009, executed by J. A. Gresham, Manager, Regulatory Compliance and Plant Licensing, in Nuclear Services, Westinghouse Electric Company LLC (Westinghouse), 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:

WCAP-17071-P, "H*: Alternate Repair Criteria for the Tubesheet Expansion Region in Steam Generators with Hydraulically Expanded Tubes (Model F)," dated April 2009 (Proprietary)

The same letter, also submitted affidavit CAW-09-2632, dated August 13, 2009, executed by J.A. Gresham, requesting that the information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:

LTR-SGMP-09-1 00 P-Attachment, "Response to NRC Request for Additional Information on H*; Model F and Model D5 Steam Generators," dated August 2009 (Proprietary)

In addition, the same letter submitted affidavit CAW-09-2659, dated August 27,2009, executed by J.A. Gresham, requesting that the information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390:

LTR-SGMP-09-109P-Attachment, "Response to NRC Request for Additional Information on H*; RAI # 4; Model F and Model D5 Steam Generators," dated August 2009 (Proprietary)

The procedures set forth in 10 CFR 2.390(b) must be followed by anyone submitting a document to the NRC who seeks to have the document, or a portion of it, withheld from public disclosure because it contains trade secrets, privileged, or confidential commercial or financial information. As required by 10 CFR 2.390(b)(1 )(i)(A), the top of the first page of the document

-2 and the top of each page containing such information must be marked with language substantially similar to "confidential information submitted under 10 CFR 2.390," "withhold from public disclosure under 10 CFR 2.390," or "proprietary," to indicate that it contains information the submitter seeks to have withheld. Also, 10 CFR 2.390(b)(1)(i)(B), requires that each document, or page, as appropriate, containing information sought to be withheld from public disclosure must indicate, adjacent to that information, or at the top of the page if the entire page is affected, the basis for proposing that the information be withheld from public disclosure under 10 CFR 2.390(a). Finally, 10 CFR 2.390(b)(1 )(iii) states that any information sought to be withheld from a submitted document shall be included, as far as possible, in a separate, non proprietary version of the document.

The enclosures provided with the ONC letter dated November 23, 2009, have been reviewed in light of the aforementioned regulations and the following deficiencies have been identified:

1. Sections 9 and 10 of Enclosure 10, WCAP-17071-NP, "H*: Alternate Repair Criteria for the Tubesheet Expansion Region in Steam Generators with Hydraulically Expanded Tubes (Model F)," (Non-Proprietary), are marked "Westinghouse Proprietary Class 2," at the top of each page although ONC clearly indicates that the document is non proprietary on page 6 of its November 23, 2009, letter.

2. There is no non-proprietary version of Enclosure 8, LTR-RCLP-09-131, "WCAP-17071 P, Rev. 0 Proprietary Information Clarification." Also, the letter contains no basis for proposing the information be withheld.

3. There are no markings at the top of page 74 of Enclosure 6, LTR-SGMP-09-100, "Response to NRC Request for Additional Information on H*: Model F and Model 05 Steam Generators."

4. Page 78 of Enclosure 6, and its non-proprietary counterpart (Enclosure 11), included bracketed information without providing a basis for proposing the information be withheld.

5. There is no non-proprietary version of Enclosure 9, LTR-SGMP-09-121, "Replacements for Illegible Pages in Prior RAI Response (Reference 1)." Also, the letter contains no basis for proposing the information be withheld.

Accordingly, ONC should consider supplementing the present record with additional information, as noted below:

Ensure all markings are consistent with 10 CFR 2.390(b)(1 )(i)(A) and are placed at the top of the page.

Ensure all markings are consistent with 10 CFR 2.390(b)(1 )(i)(B) and that the basis for withholding specific portions under 10 CFR 2.390(a) is noted adjacent to the information to be withheld, or at the top of the page if the entire page is affected.

• Ensure all information that is available from public sources is not marked proprietary and is included in a nonproprietary version in accordance with 10 CFR 2.390(b)(1 )(iii).

- 3

• Review the entire submittal to ensure that no other proprietary information marking discrepancies exist and provide a new affidavit with a revised submittal.

For more information regarding requests for withholding under 10 CFR 2.390, please review NRC Information Notice 2009-07, "Withholding Information from Public Disclosure," dated March 30, 2009. The Discussion section of the Notice provides guidance regarding the use of brackets in the non-proprietary version of documents.

In summary, we have concluded that the documents that you seek to withhold from public disclosure are not consistently marked in accordance with 10 CFR 2.390(b)(1 )(i), and thus we are unable to determine at this time what information submitted with the associated affidavits is proprietary.

In accordance with 10 CFR 2.390(c), the documents received by the NRC without a proper request for withholding will be made available on the NRC's public website after September 30, 2010, including inconsistently-identified information, unless you either seek to withdraw the documents, or provide the NRC with revised documents that meet the requirements listed in 10 CFR 2.390(b)(1 )(i).

Ms. Marylou Calderone, from your staff, acknowledged this response time. If you request that the information be withdrawn, the NRC staff will proceed as noted in 10 CFR 2.390(c)(3).

Ms. Calderone also informed the NRC staff that this issue will be placed in MPS3's corrective action program. I will be providing this information to the NRC regional staff for further consideration.

If you have any questions regarding this matter, I may be reached at 301-415-1603.

S?£IY, .. L-Carleen J. Jers, Project Manager Plant licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-423 cc: Mr. J.A. Gresham Manager, Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355 Additional Distribution via ListServ

-3 Review the entire submittal to ensure that no other proprietary information marking discrepancies exist and provide a new affidavit with a revised submittal.

For more information regarding requests for withholding under 10 CFR 2.390, please review NRC Information Notice 2009-07, "Withholding Information from Public Disclosure," dated March 30, 2009. The Discussion section of the Notice provides guidance regarding the use of brackets in the non-proprietary version of documents.

In summary, we have concluded that the documents that you seek to withhold from public disclosure are not consistently marked in accordance with 10 CFR 2.390(b)(1 )(i), and thus we are unable to determine at this time what information submitted with the associated affidavits is proprietary.

In accordance with 10 CFR 2.390(c), the documents received by the NRC without a proper request for withholding will be placed in the Commission's Public Document Room after September 30, 2010, including inconsistently-identified information, unless you either seek to withdraw the documents, or provide the NRC with revised documents that meet the requirements listed in 10 CFR 2.390(b)(1 )(i).

Ms. Marylou Calderone, from your staff, acknowledged this response time. If you request that the information be withdrawn, the NRC staff will proceed as noted in 10 CFR 2.390(c)(3).

Ms. Calderone also informed the NRC staff that this issue will be placed in MPS3's corrective action program. I will be providing this information to the NRC regional staff for further consideration.

If you have any questions regarding this matter, I may be reached at 301-415-1603.

Sincerely, Ira!

Carleen J. Sanders, Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-423 cc: Mr. J.A. Gresham Manager, Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box 355 Pittsburgh, PA 15230-0355 Additional Distribution via ListServ DISTRIBUTION:

PUBLIC RidsNrrPMMillstone Resource RidsOgcRp Resource RidsNrrLAABaxter Resource RidsNrrDorlLpl1-2 Resource LPLI-2 RlF RidsRgn1 MailCenter Resource RidsAcrsAcnw_MailCTR Resource ADAMS Accession No'.. ML102160749 *concurred via email OFFICE LPL 1-2/PM LPL 1-2/LA OGC LPL 1-2/BC NAME CSanders ABaxter

• S. Croston, NLO HChernoff w/comments w/comments DATE 8/23/10 & 9/20/10 & 9/22/10 9/1110 & 9/17/10 9/9110 9/22/10 Official Record Copy