ML051320080

Withholding from Public Disclosure, WCAP-15658-P, Revision 0, Flaw Evaluation Handbook for Catawba Unit 2 Steam Generator Primary Nozzle Weld Regions, September 2004

ML051320080
Person / Time
Site:	Catawba
Issue date:	05/11/2005
From:	Sean Peters NRC/NRR/DLPM/LPD2
To:	Gresham J Westinghouse
Peters S, NRR/DLPM, 415-1842
References
TAC MC4993, WCAP-15658-P, Rev 0
Download: ML051320080 (6)

Text

May 11, 2005 J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR CATAWBA NUCLEAR STATION, UNIT 2 (TAC NO. MC4993)

Dear Mr. Gresham:

By letter dated October 19, 2004, Duke Energy Corporation submitted an affidavit dated October 15, 2004, executed by J. S. Galembush, Acting Manager of Regulatory Compliance and Plant Licensing for Westinghouse Electric Company, LLC. In this affidavit, he 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) Part 2, Section 2.390:

WCAP-15658-P, Revision 0, Flaw Evaluation Handbook for Catawba Unit 2 Steam Generator Primary Nozzle Weld Regions, September 2004 Upon its review per the Nuclear Regulatory Commission (NRC), Office of Nuclear Reactor Regulation Office Instruction LIC-204, Revision 2, Handling Requests to Withhold Proprietary Information from Public Disclosure, the NRC staff found that Westinghouse Electric Company, LLC failed to indicate the locations within the document of the information sought to be withheld. Therefore, the NRC staff found this document unacceptable for review.

Because of this omission, by letter dated December 2, 2004, Duke Energy Corporation submitted an affidavit dated November 22, 2004, executed by you, J. A. Gresham, Manager of Regulatory Compliance and Plant Licensing for Westinghouse Electric Company, LLC. In this affidavit, 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), Part 2, Section 2.390:

WCAP-15658-P, Revision 1, Flaw Evaluation Handbook for Catawba Unit 2 Steam Generator Primary Nozzle Weld Regions, November 2004 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(ii) The information is of a type customarily held in confidence by

J. A. Gresham Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:

(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.

(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 optimization or improved marketability.

(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.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

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

(f) It contains patentable ideas, for which patent protection may be desirable.

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 portions of the document 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.

J. A. Gresham 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 301-415-1842.

Sincerely,

/RA/

Sean E. Peters, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-414 cc: See next page

J. A. Gresham May 11, 2005 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 301-415-1842.

Sincerely,

/RA/

Sean E. Peters, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-414 cc: See next page DISTRIBUTION:

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Catawba Nuclear Station, Units 1 & 2 Page 1 of 2 cc:

Mr. Lee Keller, Manager Mr. Henry Porter, Assistant Director Regulatory Compliance Division of Waste Management Duke Energy Corporation Bureau of Land and Waste Management 4800 Concord Road Dept. of Health and Environmental Control York, South Carolina 29745 2600 Bull Street Columbia, South Carolina 29201-1708 Ms. Lisa F. Vaughn Duke Energy Corporation Mr. R.L. Gill, Jr., Manager Mail Code - PB05E Nuclear Regulatory Issues 422 South Church Street and Industry Affairs P.O. Box 1244 Duke Energy Corporation Charlotte, North Carolina 28201-1244 526 South Church Street Mail Stop EC05P Ms. Anne Cottingham, Esquire Charlotte, North Carolina 28202 Winston and Strawn LLP 1700 L Street, NW Mr. Peter R. Harden, IV, Vice President Washington, DC 20006 Customer Relations and Sales Westinghouse Electric Company North Carolina Municipal Power 6000 Fairview Road Agency Number 1 12th Floor 1427 Meadowwood Boulevard Charlotte, North Carolina 28210 P.O. Box 29513 Raleigh, North Carolina 27626 Mr. T. Richard Puryear Owners Group (NCEMC)

County Manager of York County Duke Energy Corporation York County Courthouse 4800 Concord Road York, South Carolina 29745 York, South Carolina 29745 Piedmont Municipal Power Agency Mr. Richard M. Fry, Director 121 Village Drive Division of Radiation Protection Greer, South Carolina 29651 NC Dept. of Environment, Health, and Natural Resources Ms. Karen E. Long 3825 Barrett Drive Assistant Attorney General Raleigh, North Carolina 27609-7721 North Carolina Department of Justice P.O. Box 629 Mr. Henry Barron Raleigh, North Carolina 27602 Group Vice President, Nuclear Generation and Chief Nuclear Officer NCEM REP Program Manager P.O. Box 1006-EC07H 4713 Mail Service Center Charlotte, NC 28201-1006 Raleigh, North Carolina 27699-4713 Diane Curran North Carolina Electric Membership Corp. Harmon, Curran, Spielbergy &

P.O. Box 27306 Eisenberg, LLP Raleigh, North Carolina 27611 1726 M Street, NW Suite 600 Senior Resident Inspector Washington, DC 20036 U.S. Nuclear Regulatory Commission 4830 Concord Road Dhiaa M. Jamil York, South Carolina 29745 Vice President Catawba Nuclear Station Saluda River Electric Duke Energy Corporation P.O. Box 929 4800 Concord Road Laurens, South Carolina 29360 York, SC 29745