ML050690242

Westinghouse, (Vendor) Letter to J. Gresham Request for Withholding Information from Public Disclosure for Ft. Calhoun Station #1 (CAW-05-1962)

ML050690242
Person / Time
Site:	Fort Calhoun
Issue date:	03/09/2005
From:	Wang A NRC/NRR/DLPM/LPD4
To:	Gresham J Westinghouse
Wang A, NRR/DLPM, 415-1445
References
CAW-05-1962, TAC MC6024
Download: ML050690242 (4)

Text

March 9, 2005 Mr. James A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THE FORT CALHOUN STATION, UNIT 1 - (CAW-05-1962)

(TAC NO. MC6024)

Dear Mr. Gresham:

By letter dated February 28, 2005, Westinghouse Electric Company submitted an affidavit dated February 28, 2005, executed by you, requesting that information in the presentation material that was used at a meeting with the NRC staff on March 3, 2005, entitled, "Fort Calhoun, Appendix K, Measurement Uncertainty Recapture Power Uprate Meeting," be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390.

A nonproprietary copy of the document was provided for placement in the Nuclear Regulatory Commission's (NRC's) Public Document Room and for addition 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:

(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 Westinghouse and not customarily disclosed to the public.

(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.

(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.

J. Gresham 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 information in the presentation material entitled, "Fort Calhoun, Appendix K, Measurement Uncertainty Recapture Power Uprate Meeting," 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) 415-1445.

Sincerely,

/RA/

Alan B. Wang, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-285 cc: See next page

J. Gresham 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 information in the presentation material entitled, "Fort Calhoun, Appendix K, Measurement Uncertainty Recapture Power Uprate Meeting," 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) 415-1445.

Sincerely,

/RA/

Alan B. Wang, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-285 DISTRIBUTION:

PUBLIC cc: See next page PDIV-2 Reading RidsNrrDlpmPdiv (HBerkow)

RidsNrrDlpmPdiv2 (RGramm)

RidsNrrPMAWang RidsNrrLALFeizollahi RidsOgcRp EMarinos ADAMS ACCESSION NO.: ML050690242 NRR-084 OFFICE PDIV-2/PM PDIV-2/LA EEIB PDIV-2/SC NAME AWang LFeizollahi:lxf1 EMarinos RGramm DATE 3/8/05 3/7/05 3/1/05 3/9/05 DOCUMENT NAME: E:\Filenet\ML050690242.wpd OFFICIAL RECORD COPY

Ft. Calhoun Station, Unit 1 cc:

Winston & Strawn Mr. Daniel K. McGhee ATTN: James R. Curtiss, Esq. Bureau of Radiological Health 1400 L Street, N.W. Iowa Department of Public Health Washington, DC 20005-3502 401 SW 7th Street, Suite D Des Moines, IA 50309 Chairman Washington County Board of Supervisors Mr. R. T. Ridenoure P.O. Box 466 Division Manager - Nuclear Operations Blair, NE 68008 Omaha Public Power District Fort Calhoun Station FC-2-4 Adm.

Mr. John Hanna, Resident Inspector Post Office Box 550 U.S. Nuclear Regulatory Commission Fort Calhoun, Nebraska 68023-0550 P.O. Box 310 Fort Calhoun, NE 68023 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-4005 Ms. Sue Semerera, Section Administrator Nebraska Health and Human Services Systems Division of Public Health Assurance Consumer Services Section 301 Centential Mall, South P.O. Box 95007 Lincoln, NE 68509-5007 Mr. David J. Bannister, Manager Fort Calhoun Station Omaha Public Power District Fort Calhoun Station FC-1-1 Plant P.O. Box 550 Fort Calhoun, NE 68023-0550 Mr. John B. Herman Manager - Nuclear Licensing Omaha Public Power District Fort Calhoun Station FC-2-4 Adm.

P.O. Box 550 Fort Calhoun, NE 68023-0550