ML082810557

Westinghouse Electric Co., Request for Withholding Information from Public Disclosure for Hope Creek Generating Station

ML082810557
Person / Time
Site:	Hope Creek
Issue date:	10/10/2008
From:	Richard Ennis Plant Licensing Branch 1
To:	Joyce T Public Service Enterprise Group
Ennis R, NRR/DORL, 415-1420
References
Download: ML082810557 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 October 10, 2008 Mr. Thomas Joyce President and Chief Nuclear Officer PSEG Nuclear P.O. Box 236, N09 Hancocks Bridge, NJ 08038

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR HOPE CREEK GENERATING STATION

Dear Mr. Joyce:

By PSEG Nuclear LLC (PSEG) letter LR-N08-0204 dated September 2, 2008, and Westinghouse Electric Company (Westinghouse) affidavit CAW-08-2469, executed by J. A.

Gresham, dated August 27, 2008, you requested 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:

NFS-0255, "Hope Creek Generating Station, Initial Implementation of WCAP-15942-P-A (Formerly CENP-287), Fuel Assembly Mechanical Design Methodology for Boiling Water Reactors, Supplement 1 to CENP-287, Evaluation of Control Blade Interference" (Attachment 1 to letter LR-N08-0204)

A nonproprietary copy of this document (Attachment 2 to letter LR-N08-0204), has been placed in the NRC's Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

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 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 of a similar product.

T. Joyce -2 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 affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial 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.

If you have any questions regarding this matter, I may be reached at 301-415-1420.

Sincerely,

~~

Richard B. Ennis, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-354 cc: See next page

Hope Creek Generating Station cc:

Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355 Additional Distribution via ListServ

T.Joyce -2 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 affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial 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.

If you have any questions regarding this matter, I may be reached at 301-415-1420.

Sincerely, Ira!

Richard B. Ennis, Senior Project Manager Plant Licensing Branch 1-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-354 cc: See next page DISTRIBUTION:

PUBLIC RidsOgcMailCenter Resource LPL1-2 R/F RidsAcrsAcnw_MailCTR Resource RidsNrrDorlLpl1-2 Resource RidsRgn1 MailCenter Resource RidsNrrLAABaxter Resource RidsNrrPMREnnis Resource ADAMS Accession No'.. IVIL082810557 OFFICE LPL 1-2/PM LPL 1-1/LA LPL 1-2/BC NAME REnnis ABaxter (SLittie for) HChernoff DATE 10/8/08 10/9/08 10/10/08 OFFICIAL RECORD COpy