ML080950336

Request for Withholding Information from Public Disclosure (TAC Nos. MD7450 and MD7451)

ML080950336
Person / Time
Site:	Vogtle
Issue date:	04/07/2008
From:	Siva Lingam NRC/NRR/ADRO/DORL/LPLII-1
To:	Tynan T Southern Nuclear Operating Co
Lingam, Siva NRR/DORL 415-1564
References
TAC MD7450, TAC MD7451
Download: ML080950336 (4)

Text

April 7, 2008 Mr. Tom E. Tynan Vice President - Vogtle Vogtle Electric Generating Plant 7821 River Road Waynesboro, GA 30830

SUBJECT:

VOGTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS.

MD7450 AND MD7451)

Dear Mr. Tynan:

By letter dated March 21, 2008, and affidavit dated March 18, 2008, executed by J. A. Gresham of Westinghouse Electric Company LLC through Westinghouse letter CAW-08-2402 (Enclosure 6 to your letter dated March 21, 2008), you submitted responses to request for additional information related to an application for license amendment dated February 13, 2008, to revise Technical Specification (TS) Sections TS 5.5.9, Steam Generator (SG) Program, and TS 5.6.10, Steam Generator Tube Inspection Report, for interim alternate repair criterion for Vogtle Electric Generating Facility Operating License Nos. NPF-68 and NPF-81 for Unit 1 and Unit 2, respectively, and requested that Westinghouse proprietary document, LTR-CDME 08-43 P-Attachment, Response to NRC Request for Additional Information Relating to LTR-CDME 11 P-Attachment, (Enclosure 4 to your March 21, 2008 letter) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Paragraph (b)(4), Section 2.390.

A nonproprietary copy of this document, Enclosure 5 of your letter dated March 21, 2008, LTR-CDME 08-43 NP-Attachment, Response to NRC Request for Additional Information Relating to LTR-CDME-08-11 NP-Attachment, has been placed in the Nuclear Regulatory Commission's (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:

(a) 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.

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

T. Tynan We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, 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 301-415-1564.

Sincerely,

/RA/

Siva P. Lingam, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-424 and 50-425 cc: See next page

ML080950336 OFFICE NRR/LPL2-1/PM NRR/LPL2-1/LA NRR/CSGB/BC NRR/LPL2-1/BC NAME SLingam MO=Brien AHiser MWong DATE 04/04/08 04/07/08 04/07/08 04/07/08

Vogtle Electric Generating Plant, Units 1 & 2 cc:

Mr. Tom E. Tynan Vice President - Vogtle Arthur H. Domby, Esquire Vogtle Electric Generating Plant Troutman Sanders 7821 River Road Nations Bank Plaza Waynesboro, GA 30830 600 Peachtree Street, NE Suite 5200 Mr. N. J. Stringfellow Atlanta, GA 30308-2216 Manager, Licensing Southern Nuclear Operating Company, Inc. Resident Inspector P.O. Box 1295 Vogtle Plant Birmingham, AL 35201-1295 8805 River Road Waynesboro, GA 30830 Mr. Jeffrey T. Gasser Executive Vice President Office of the County Commissioner Southern Nuclear Operating Company, Inc. Burke County Commission P.O. Box 1295 Waynesboro, GA 30830 Birmingham, AL 35201-1295 Mr. Bob Masse Mr. Steven M. Jackson Resident Manager Senior Engineer - Power Supply Oglethorpe Power Corporation Municipal Electric Authority of Georgia Vogtle Electric Generating Plant 1470 Riveredge Parkway, NW 7821 River Road Atlanta, GA 30328-4684 Waynesboro, GA 30830 Mr. Reece McAlister Mr. J. A. Gresham Executive Secretary Manager Georgia Public Service Commission Regulatory Compliance and Plant Licensing 244 Washington St., SW Westinghouse Electric Company LLC Atlanta, GA 30334 P. O. Box 355 Pittsburgh, PA 15230-0355 Mr. Harold Reheis, Director Department of Natural Resources 205 Butler Street, SE, Suite 1252 Atlanta, GA 30334 Attorney General Law Department 132 Judicial Building Atlanta, GA 30334 Mr. Laurence Bergen Oglethorpe Power Corporation 2100 East Exchange Place P.O. Box 1349 Tucker, GA 30085-1349