ML033450378

Request for Withholding Information from Public Disclosure, WCAP-15821-P, MB9031

ML033450378
Person / Time
Site:	Kewaunee
Issue date:	01/07/2004
From:	John Lamb NRC/NRR/DLPM/LPD3
To:	Sepp H Westinghouse
Lamb J, NRR/DLPM, 415-1446
References
TAC MB9031, WCAP-15821-P
Download: ML033450378 (4)

Text

January 7, 2004 H. A. Sepp, Manager Regulatory and Licensing Engineering Westinghouse Electric Company P. O. Box 355 Pittsburgh, PA 15230-0355

SUBJECT:

KEWAUNEE NUCLEAR POWER PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MB9031)

Dear Mr. Sepp:

By letter dated November 5, 2003, the Nuclear Management Company, LLC, submitted an affidavit dated October 30, 2003, executed by H. A. Sepp, Westinghouse Electric Company, requesting that the following document (Reference No. CAW-03-1726) be withheld from public disclosure pursuant to 10 CFR 2.790:

WCAP-15821-P, Westinghouse Protection System Setpoint Methodology Kewaunee Nuclear Power (Plant Power Uprate to 1757 [Megawatts Thermal]

MWt-[Nuclear Steam Supply System] NSSS Power with Feedwater Venturis, or 1780 MWt-NSSS Power with Ultrasonic Flow Measurements, and 54F Replacement Steam Generators) (Proprietary)

A nonproprietary copy of this document has been placed in the NRCs public document room and added to the Agencywide Documents Access and Management Systems Publicly Available Records System (ADAMS PARS) Library.

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

(4)(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.

(4)(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.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains privileged commercial information and should be withheld from public disclosure.

H. A. Sepp Therefore, the versions of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(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 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 301-415-1446.

Sincerely,

/RA/

John G. Lamb, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-305 cc: See next page

H. A. Sepp Therefore, the versions of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(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 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 301-415-1446.

Sincerely,

/RA/

John G. Lamb, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-305 cc: See next page DISTRIBUTION:

PUBLIC PD31 R/F GGrant, RIII ACRS OGC JLamb THarris PLouden OFFICE PDIII-1/PM PDIII-1/LA OGC PDIII-1/SC NAME JLamb THarris CMullins LRaghavan DATE 12/19/03 12/12/03 01/06/04 01/07/04 Accession No.: ML033450378 OFFICIAL RECORD COPY

Kewaunee Nuclear Power Plant cc:

John Paul Cowan Jonathan Rogoff Executive Vice President & Vice President, Counsel & Secretary Chief Nuclear Officer Nuclear Management Company, LLC Nuclear Management Company, LLC 700 First Street 700 First Street Hudson, WI 54016 Hudson, MI 54016 Larry L. Weyers James McCarthy Chairman, President and CEO Plant Manager Wisconsin Public Service Corporation Kewaunee Nuclear Power Plant 600 North Adams Street N490 Highway 42 Greey Bay, WI 54307-9002 Kewaunee, WI 54216-9511 David Zellner Gerry Riste Chairman - Town of Carlton Manager, Regulatory Affairs N2164 County B Kewaunee Nuclear Power Plant Kewaunee, WI 54216 N490 Highway 42 Kewaunee, WI 54216-9511 Mr. Jeffery Kitsembel Electric Division David Molzahn Public Service Commission of Wisconsin Nuclear Asset Manager PO Box 7854 Wisconsin Public Service Corporation Madison, WI 53707-7854 600 N. Adams Street Green Bay, WI 54307-9002 Mr. Thomas Coutu Site Vice President Thomas Webb Kewaunee Nuclear Power Plant Nuclear Asset Manager Nuclear Management Company, LLC Wisconsin Public Service Corporation N490 Highway 42 600 N. Adams Street Kewaunee, WI 54216-9511 Green Bay, WI 54307-9002 Resident Inspectors Office U. S. Nuclear Regulatory Commission N490 Hwy 42 Kewaunee, WI 54216-9510 Regional Administrator Region III U. S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351