ML20280A685

Request for Withholding Information from Public Disclosure for Joseph M. Farley, Units 1 and 2

ML20280A685
Person / Time
Site:	Farley
Issue date:	10/26/2020
From:	Shawn Williams Plant Licensing Branch II
To:	Hosack K Westinghouse
Williams S
References
EPID L-2019-LLA-0212
Download: ML20280A685 (4)

Text

October 26, 2020 Mr. Korey L. Hosack, Manager Licensing, Analysis, and Testing Westinghouse Electric Company 1000 Westinghouse Drive, Building 1 Cranberry Township, PA 16066

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 (EPID L-2019-LLA-0212)

Dear Mr. Hosack:

By letter dated September 25, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML20269A413), you submitted and executed an affidavit dated September 25, 2020, requesting that the following document be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

WCAP-9522, FIGHTH - A Simplified Calculation of Effective Temperatures in PWR

[Pressurized-Water Reactor] Fuel Rods for Use in Nuclear Design, May 1979 (Proprietary)

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

4. Pursuant to CFR 2.390, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse and is not customarily disclosed to the public.

(ii) Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justifications and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

5. Westinghouse has policies in place to identify proprietary information. Under that system, information is held in confidence if it falls in one or more of several types,

K. Hosack the release of which might result in the loss of an existing or potential competitive advantage, as follows:

(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) 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.

(c) Its use by a competitor would reduce its expenditure of resources or improve its competitive position in the design, manufacture, shipment, installation, and assurance of quality, or licensing a similar product.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. In addition, we have determined that the document contains extensive proprietary information to an extent that a non-proprietary (i.e., redacted) version would be of no value to the public.

Therefore, WCAP-9522, FIGHTH - A Simplified Calculation of Effective Temperatures in PWR Fuel Rods for Use in Nuclear Design, May 1979, 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 U.S. Nuclear Regulatory Commission (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.

K. Hosack If you have any questions regarding this matter, please contact me at (301) 415-1009 or Shawn.Williams@nrc.gov.

Sincerely, Digitally signed by Shawn Shawn A. A. Williams Date: 2020.10.26 Williams 11:04:30 -04'00' Shawn A. Williams, Senior Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-348 and 50-364 cc: Listserv

ML20280A685 *via e-mail OFFICE NRR/DORL/LPL2-1/PM* NRR/DORL/LPL2-1/PM* NRR/DORL/LPL2-1/LA*

NAME ZStone SWilliams KGoldstein (JBurkhardt for)

DATE 10/9/2020 10/9/2020 10/9/2020 OFFICE NRR/DORL/LPL2-1/BC* NRR/DORL/LPL2-1/PM*

NAME MMarkley SWilliams DATE 10/26/2020 10/26/2020