ML030730692
| ML030730692 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 03/28/2003 |
| From: | John Lamb NRC/NRR/DLPM/LPD3 |
| To: | Coutu T Nuclear Management Co |
| Lamb J, NRR/DLPM, 415-1446 | |
| References | |
| TAC MB7225 | |
| Download: ML030730692 (4) | |
Text
March 28, 2003 Mr. Thomas Coutu Site Vice President Kewaunee Nuclear Power Plant Nuclear Management Company, LLC N490 State Highway 42 Kewaunee, WI 54216
SUBJECT:
KEWAUNEE NUCLEAR POWER PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MB7225)
Dear Mr. Coutu:
By your application dated January 13, 2003, and Westinghouse Electric Company, LLCs (Westinghouse) affidavit executed by H. A. Sepp dated December 16, 2002, you submitted a proprietary document entitled, Westinghouse Revised Thermal Design Procedure Instrument Uncertainty Methodology - Kewaunee Nuclear Plant (Power Uprate to 1757 MWt-NSSS Power with Feedwater Venturis, or 1780 MWt-NSSS Power with Ultrasonic Flow Measurements, and 54F Replacement Steam Generators), Westinghouse WCAP-15591, Revision 1, and you requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission (NRC) public document room and added to the Agencywide Documents Access and Management Systems Publicly Available Records System (ADAMS PARS) Library.
The Westinghouse affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(4)(ii)(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)(ii)(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.
The NRC staff has reviewed your application and discovered a discrepancy between the proprietary and non-proprietary versions of the report on January 24, 2003. The discrepancy was noted on page 3 of the non-proprietary version. The sentence For parameters with closed-loop automatic control systems... contained proprietary information in the non-proprietary version. Your staff was notified regarding this discrepancy.
T. Coutu By your application dated January 13, 2003, and Westinghouse Electric Company, LLCs (Westinghouse) affidavit executed by H. A. Sepp dated December 16, 2002, you submitted a supplemental letter dated March 6, 2003, requesting that we replace page 3 of the non-proprietary with a corrected page 3 that you supplied.
The NRC staff has reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Westinghouses statements, has determined that the submitted information sought to be withheld contains privileged commercial information and should be withheld from public disclosure.
Therefore, we have determined that the document entitled, Westinghouse Revised Thermal Design Procedure Instrument Uncertainty Methodology - Kewaunee Nuclear Plant (Power Uprate to 1757 MWt-NSSS Power with Feedwater Venturis, or 1780 MWt-NSSS Power with Ultrasonic Flow Measurements, and 54F Replacement Steam Generators), Westinghouse WCAP-15591, Revision 1, 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. Also, you 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 (FOIA) 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
ML030730692 NRR-084 OFFICE PDIII-1/PM PDIII-1/LA SRXB/SC OGC PDIII-1/SC NAME JLamb THarris FAkstulewicz MPSiemien LRaghavan DATE 03/17/03 03/14/03 03/18/03 03/25/03 03/28/03 Kewaunee Nuclear Power Plant cc:
John Paul Cowan Larry L. Weyers Chief Nuclear Officer Chairman, President and CEO Nuclear Management Company, LLC Wisconsin Public Service Corporation 27780 Blue Star Memorial Highway 600 North Adams Street Cover, MI 49043 Greey Bay, WI 54307-9002 Kyle Hoops David Zellner Plant Manager Chairman - Town of Carlton Kewaunee Nuclear Power Plant N2164 County B N490 Highway 42 Kewaunee, WI 54216 Kewaunee, WI 54216-9511 Sarah Jenkins Gordon P. Arent Electric Division Manager, Regulatory Affairs Public Service Commission of Wisconsin Kewaunee Nuclear Power Plant P.O. Box 7854 N490 Highway 42 Madison, WI 53707-7854 Kewaunee, WI 54216-9511 David Molzahn Nuclear Asset Manager Wisconsin Public Service Corporation 600 N. Adams Street Green Bay, WI 54307-9002 Thomas Webb Nuclear Asset Manager Wisconsin Public Service Corporation 600 N. Adams Street Green Bay, WI 54307-9002 Resident Inspectors Office U. S. Nuclear Regulatory Commission N490 Highway 42 Kewaunee, WI 54216-9510 Regional Administrator Region III U. S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Jonathan Rogoff, Esquire General Counsel, Nuclear Management Company, LLC 700 First Street Hudson, WI 54016