ML030160798

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Withholding from Public Disclosure, WCAP-15945-P, MB5917
ML030160798
Person / Time
Site: Saint Lucie NextEra Energy icon.png
Issue date: 01/16/2003
From: Moroney B
NRC/NRR/DLPM/LPD2
To: Galembush J
Westinghouse
Moroney B, NRR/DLPM, 415-3974
References
TAC MB5917, WCAP-15945-P
Download: ML030160798 (4)


Text

January 16, 2003 Mr. J. S. Galembush, Acting Manager Westinghouse Electric Company Nuclear Services P.O. Box 355 Pittsburgh, Pennsylvania, 15230-355

SUBJECT:

WESTINGHOUSE ELECTRIC COMPANYS REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SAINT LUCIE UNIT 1 (TAC NO. MB5917)

Dear Mr. Galembush:

By your letter and affidavit dated November 8, 2002, you requested that WCAP-15945-P, Structural Integrity Evaluation of Reactor Vessel Upper Head Penetrations to Support Continued Operation (Proprietary), for St. Lucie Unit 1 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790.

A nonproprietary copy 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 Public Electronic Reading Room.

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

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. 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 proprietary commercial information and should be withheld from public disclosure.

Therefore, the document listed above and identified 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.

J.S. Galembush 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, you may contact Eva Brown at 301-415-2315.

Sincerely,

/RA by E.Brown Acting for/

Brendan T. Moroney, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-335 cc: See next page

ML030160798 *See previous concurrence OFFICE PDII-2/PM PDII-2/PM PDII-2/LA OGC PDII-2/SC NAME EBrown for EBrown BClayton MSiemien* AHowe BMoroney DATE 01/14/03 01/14/03 01/09/03 01/03/03 01/10/03 Florida Power and Light Company ST. LUCIE PLANT cc:

Mr. J. A. Stall Mr. R. E. Rose Senior Vice President, Nuclear and Plant General Manager Chief Nuclear Officer St. Lucie Nuclear Plant Florida Power and Light Company 6351 South Ocean Drive P.O. Box 14000 Jensen Beach, Florida 34957 Juno Beach, Florida 33408-0420 Mr. Kelly J. Korth Senior Resident Inspector Licensing Manager St. Lucie Plant St. Lucie Nuclear Plant U.S. Nuclear Regulatory Commission 6351 South Ocean Drive P.O. Box 6090 Jensen Beach, Florida 34957 Jensen Beach, Florida 34957 Mr. William Jefferson Craig Fugate, Director Division of Vice President, Nuclear Operations Support Emergency Preparedness P.O. Box 14000 Department of Community Affairs Juno Beach, FL 33408-0420 2740 Centerview Drive Tallahassee, Florida 32399-2100 Mr. Rajiv S. Kundalkar Vice President - Nuclear Engineering M. S. Ross, Attorney Florida Power & Light Company Florida Power & Light Company P.O. Box 14000 P.O. Box 14000 Juno Beach, FL 33408-0420 Juno Beach, FL 33408-0420 Mr. J. Kammel Mr. Douglas Anderson Radiological Emergency County Administrator Planning Administrator St. Lucie County Department of Public Safety 2300 Virginia Avenue 6000 SE. Tower Drive Fort Pierce, Florida 34982 Stuart, Florida 34997 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Mr. Donald E. Jernigan, Site Vice President St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957