ML22298A069

Request for Withholding Information from Public Disclosure for Surry Power Station Units 1 and 2

ML22298A069
Person / Time
Site:	Surry
Issue date:	11/16/2022
From:	Klos L Plant Licensing Branch II
To:	James Holloway, Stoddard D Dominion Nuclear, Virginia Electric & Power Co (VEPCO)
Klos, J
References
EPID L-2022-LLA-0118
Download: ML22298A069 (4)

Text

November 16, 2022 Mr. Daniel G. Stoddard Senior Vice President and Chief Nuclear Office Dominion Nuclear Innsbrook Technical Center 5000 Dominon Boulevard Glen Allen, VA 23060 Mr. James E. Holloway Vice President - Nuclear Engineering and Fleet Support Virginia Electric and Power Company Richmond, VA 23261

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SURRY POWER STATION UNITS 1 AND 2 (EPID L-2022-LLA-0118)

Dear Mr. Stoddard and Mr. Holloway:

By letter dated August 15, 2022, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22227A176, non-publicly available), you submitted two affidavits

1) dated July 7, 2022, executed by Morris Byram, Licensing & Regulatory Affairs, Framatome Inc. (Framatome), Attachment 9 of the letter, and 2) dated July 13, 2022 executed by Zachary Harper, Manager, Licensing Engineering, Westinghouse Electric Company LLC (Westinghouse), Attachment 10 of the letter by which you requested that the information contained in the following document be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

CRITICALITY SAFETY ANALYSIS REPORT, VIRGINIA ELECTRIC AND POWER COMPANY (DOMINION ENERGY VIRGINIA), SURRY POWER STATION UNITS 1 AND 2 A nonproprietary copy of this document (ML22227A177) has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in the ADAMS.

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

The Framatome affidavit stated that, (d) The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for Framatome in product optimization or marketability.

D. Stoddard and J. Holloway (e) The information is vital to a competitive advantage held by Framatome, would be helpful to competitors to Framatome, and would likely cause substantial harm to the competitive position of Framatome.

and the Westinghouse affidavit stated that, (a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's 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 his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

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.

Therefore, the version(s) of the submitted information 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 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.

D. Stoddard and J. Holloway If you have any questions regarding this matter, I may be reached at 301-415-5136.

Sincerely,

/RA/

John Klos, Project Manager Plant Licensing Branch LPL2-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No(s). 50-280, 50-281 cc: Morris Byram Product Manager Licensing & Regulatory Affairs Framatome Inc.

Zachary Harper Manager Licensing Engineering Westinghouse Electric Company LLC Listserv

ML22298A069 OFFICE NRR/DORL/LPL2-1/PM NRR/DORL/LPL2-1/LA NRR/DORL/DSS/SFNB/BC NAME JKlos KGoldstein (KEntz for) SKrepel DATE 10/24/2022 10/28/2022 10/28/2022 OFFICE NRR/DORL/LPL2-1/BC NRR/DORL/LPL2-1/PM NAME MMarkley JKlos DATE 11/15/2022 11/16/2022