ML20132C612

Advises That Document Wolf Creek Generating Station Site Exam Rept Will Be Withheld from Public Disclosure Ref 10CFR2.790

ML20132C612
Person / Time
Site:	Wolf Creek
Issue date:	12/11/1996
From:	Stone J NRC (Affiliation Not Assigned)
To:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
References
TAC-M94764, NUDOCS 9612180415
Download: ML20132C612 (3)

Text

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l SwW1 m o rn j y  % UNITED STATES g j 2

NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2065H001

% . . . . . p' December 11, 1996 j Mr. N. J. Liparulo, Manager

Regulatory and Engineering Networks

. Westinghouse Electric Corporation i Nuclear Technology' Division

P.O. Box 355 l Pittsburgh, PA 15230-0355 j

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, WOLF CREEK NUCLEAR OPERATING CORPORATION (CAW-96-1005) (TAC NO. M94764) f

Dear Mr. Liparulo:

i l By letter dated October 3,1996, Wolf Creek Nuclear Operating Corporation j submitted the Westinghouse Electric Corporation document " Wolf Creek

Generating Station Site Examination Report, 95 SAP-G-0065," dated October 25, j 1995, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version was also submitted for placement in the Public Document Room.

Your affidavit dated September 4, 1996, states that the submitted information

should be considered exempt from mandatory public disclosure for the following i reasons

"(a) The information reveals the distinguishing aspects of a process

< (or component structure, tool, method, etc.) where prevention of i its use by any of Westinghouse's competitors without license from

! Westinghouse constitutes a competitive economic advantage over j other companies.

i (b) It consists of supporting data, including test data, relative to a

! . process (or component, structure, tool, method, etc.), the j application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

! (c) Its use by a competitor would reduce his expenditures of resources

! or improve his competitive position in the design, manufacture, g i shipment, installation, assurance of quality, or licensing a .

similar product."

4 We have reviewed your application and the materiai in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have i determined that the submitted infomation sought to be withheld contains j proprietary commercial information.

I 1 Thqrefore, we have determined that the document entitled " Wolf Creek i Generating Station Site Examination Report, 95 SAP-G-0065" marked as proprietary will be withheld from public disclosure pursuant to 10 CFR j

j 2.790(b)(5) and Sect %n 103(b) of the Atomic Energy Act of 1954, as amended.

9612190415 961211

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A s 0 4

Mr. N. J. Liparulo December 11, 1996 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 4

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.

Sincerely, Original Signed By James C. Stone, Senior Project Manager

. Project Directorate IV-2 Division of Reactor Projects - III/IV Office of Nuclear Reactor Regulation Docket No. 50-482 ,

cc: See next page -

DISTRIBUTION:

< Docket File: "

PUBLIC ,

PDIV-2 Reading . , ,

JRoe EAdensam WBateman EPeyton JStone MPSiemien, OGC JDyer, Region IV RJones DOCUMENT NAME: CW961005.WC /C OFC PDIV-2/PMf PDIV-2/LA JdN.k OGC @ b NAME JStone:ye EdM Lv YJon MPSiemien

_DATE l'1/ 6 /96 R/G /96 11/I6/96 l'b/ l h96 0FFICIAL RECORD COPY

12 -

l Mr. N. J. Liparulo Decembr.r 11, 1996 i i cc:

, Jay Silberg, Esq. Vice President Plant Operations l Shaw, Pittman, Potts & Trowbridge Wolf Creek Nuclear Operating Corporation 2300 N Street, NW l P. O. Box 411 Washington, D.C. 20037 Burlington, Kansas 66839 i Regional Administrator, Region IV Supervisor Licensing

U.S. Nuclear Regulatory Commission Wolf Creek Nuclear Operating Corporation

! 611 Ryan Plaza Drive, Suite 1000 P.O. Box 411

Arlington, Texas 76011 Burlington, Kansas 66839 Senior Resident Inspector U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Resident Inspectors Office P. O. Box 311 8201 NRC Road

Burlington, Kansas 66839 Steedman, Missouri 65077-1032 l Chief Engineer Supervisor Regulatory Compliance

{ Utilities Division Wolf Creek Nuclear Operating Corporation

Kansas Corporation Commission P.O. Box 411  !

4 1500 SW Arrowhead Road Burlington, Kansas 66839 2

Topeka, Kansas 66604-4027 Mr. Neil S. Carns Office of the Governor President and Chief Executive Officer  :

l State of Kansas Wolf Creek Nuclear Operating Corporation i

Topeka, Kansas 66612 )

Post Office Box 411

Burlington,. Kansas 66839

Attorney General l Judicial Center j 301 S.W. 10th

! 2nd Floor Topeka, Kansas 66612 l

l County Clerk j Coffey County Courthouse l Burlington, Kansas 66839 Public Health Physicist l Bureau of Air & Radiation Division of Environment Kansas Department of Health and Environment Forbes Field Building 283 Topeka, Kansas 66620 t