ML041380426

Withholding from Public Disclosure, WCAP-12825, Addendum 1

ML041380426
Person / Time
Site:	Farley
Issue date:	05/17/2004
From:	Tilda Liu NRC/NRR/DRIP/RLEP
To:	Stinson L Southern Nuclear Operating Co
Liu T, NRR/DRIP/RLEP, 415-1315
References
Download: ML041380426 (5)

Text

May 17, 2004 Mr. L. M. Stinson, Jr.

Vice President Southern Nuclear Operating Company, Inc.

40 Inverness Center Parkway P.O. Box 1295 Birmingham, Alabama 35201

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR FARLEY NUCLEAR PLANT, UNITS 1 AND 2

Dear Mr. Stinson:

By letter dated April 22, 2004, Southern Nuclear Operating Company, Inc. (SNC), submitted an affidavit dated April 14, 2004, by Westinghouse, the owner of the information, to request that the proprietary information appropriately marked 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-12825, Addendum 1, Technical Justification for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Basis for the Joseph M. Farley Units 1 and 2 Nuclear Power Plant for the License Renewal Program (Proprietary), dated December 2002.

A non-proprietary version of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Library.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

The proprietary version of WCAP-12825, Addendum 1, contains proprietary commercial information that should be held in confidence by the NRC pursuant to the policy reflected in 10 CFR 2.390(b)(4).

Please be aware that 10 CFR 2.790 has been designated 10 CFR 2.390 with no modification, effective February 13, 2004, in Federal Register 69 FR 2182. 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)(4) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

L. M. Stinson 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 should also 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) 415-1315 or by e-mail at tyl1@nrc.gov.

Sincerely,

/RA/

Tilda Y. Liu, Project Manager License Renewal Section A License Renewal and Environmental Impacts Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket Nos.: 50-348 and 50-364

L. M. Stinson 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 should also 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) 415-1315 or by e-mail at tyl1@nrc.gov.

Sincerely,

/RA/

Tilda Y. Liu, Project Manager License Renewal Section A License Renewal and Environmental Impacts Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket Nos.: 50-348 and 50-364 DISTRIBUTION:

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• See Previous Concurrence OFFICE LA:RLEP COOP:RLEP PM:RLEP SC:DE/EMCB/B OGC SC:RLEP NAME YEdmonds DChen TLiu TChan* CHolzle* SLee DATE 5/12/04 5/13/04 5/17/04 5/ 11 /04 5/ 4 /04 5/17/04 OFFICIAL RECORD COPY

DISTRIBUTION: Dated: May 17,2004 Accession No: ML041380426 HARD COPY RLEP RF Tilda Liu D. Chen T. Steingass J. Medoff E-MAIL:

PUBLIC D. Matthews F. Gillespie C. Grimes RidsNrrDe E. Imbro G. Bagchi K. Manoly W. Bateman J. Calvo R. Jenkins P. Shemanski J. Fair S. Black B. Boger D. Thatcher R. Pettis G. Galletti C. Li M. Itzkowitz R. Weisman M. Mayfield A. Murphy S. Smith (srs3)

S. Duraiswamy Y. L. (Renee) Li RLEP Staff C. Julian (R-II)

C. Patterson (R-II)

R. Fanner (R-II)

S. Peters A. Hodgdon (OGC)

OPA B. Jain L. Whitney

Joseph M. Farley Nuclear Plant cc:

Mr. Don E. Grissette Mr. William D. Oldfield General Manager - Plant Farley SAER Supervisor Southern Nuclear Operating Company Southern Nuclear Operating Company Post Office Box 470 Post Office Box 470 Ashford, AL 36312 Ashford, AL 36312 Mr. B. D. McKinney Mr. Charles R. Pierce Licensing Manager Manager - License Renewal Southern Nuclear Operating Company Southern Nuclear Operating Company 40 Inverness Center Parkway 40 Inverness Center Parkway Post Office Box 1295 Post Office Box 1295 Birmingham, AL 35201-1295 Birmingham, AL 35201 Mr. Stanford M. Blanton, esq. Mr. Fred Emerson Balch and Bingham Law Firm Nuclear Energy Institute Post Office Box 306 1776 I Street, NW, Suite 400 1710 Sixth Avenue North Washington, DC 20006-3708 Birmingham, AL 35201 Resident Inspector Mr. J. B. Beasley, Jr. U.S. Nuclear Regulatory Commission Executive Vice President 7388 N. State Highway 95 Southern Nuclear Operating Company Columbia, AL 36319 40 Inverness Center Parkway Post Office Box 1295 Birmingham, AL 35201 Dr. D. E. Williamson State Health Officer Alabama Department of Public Health The RSA Tower 201 Monroe Street, Suite 1500 Montgomery, AL 36130-1701 Chairman Houston County Commission Post Office Box 6406 Dothan, AL 36302