ML23156A005
| ML23156A005 | |
| Person / Time | |
|---|---|
| Site: | Watts Bar  |
| Issue date: | 07/03/2023 |
| From: | Kimberly Green Plant Licensing Branch II |
| To: | Jim Barstow Tennessee Valley Authority |
| Green K | |
| References | |
| Download: ML23156A005 (1) | |
Text
July 3, 2023 Mr. James Barstow Vice President, Nuclear Regulatory Affairs and Support Services Tennessee Valley Authority 1101 Market Street, LP 4A-C Chattanooga, TN 37402-2801
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR WATTS BAR NUCLEAR PLANT, UNIT 1
Dear Mr. Barstow:
By letter to the U.S. Nuclear Regulatory Commission (NRC) dated May 4, 2023 (Agencywide Documents Access and Management System Accession No. ML23124A403), Tennessee Valley Authority (TVA) submitted an emergency license amendment request (LAR) and requested that WCAP-18774-P, Revision 1 (i.e., Enclosure 2 to the LAR) be withheld from public disclosure pursuant to section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR). TVA explained that due to the emergent nature of the LAR, Enclosure 2 was submitted as a proprietary document in its entirety. TVA stated that it would submit a revision of Enclosure 2 with revised proprietary markings and an associated non-proprietary version within 30 days following NRC approval of the LAR.
Subsequently, by letter dated June 1, 2023 (ML23152A150), TVA submitted a revision to WCAP-18774-P with proprietary markings accompanied by an affidavit dated May 31, 2023, executed by Zachary Harper, Senior Manager, Licensing Engineering for Westinghouse Electric Company, LLC, that requested the proprietary information contained in the following document be withheld from public disclosure pursuant to 10 CFR 2.390 WCAP-18774-P, Revision 3, Addendum to the Rotterdam Dockyard Company Final Stress Report for 173" P.W.R. Vessels TVA III & IV (Report No. 30749-B-030, Rev. 3) -
Evaluation of One Closure Stud Out of Service for 40 Years for Watts Bar Units 1 and 2, dated May 2023 A nonproprietary copy of this document has been placed in the NRCs Public Document Room and added to the NRC Library in ADAMS.
The affidavit stated that the submitted information should be withheld from 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 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
J. Barstow (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.
(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
We have reviewed TVAs application and the material in accordance with the requirements of 10 CFR 2.390 and, based on 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 versions 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.
If you have any questions regarding this matter, I may be reached at 301-415-1627.
Sincerely,
/RA/
Kimberly J. Green, Senior Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-390 cc: Zachary Harper Manager, Licensing Engineering Westinghouse Electric Company, LLC 1000 Westinghouse Drive Cranberry Township, Pennsylvania 16066 cc: Listserv
ML23156A005 OFFICE NRR/DORL/LPL2-2/PM NRR/DORL/LPL2-2/LA NRR/DEX/EMIB/BC NAME KGreen RButler SBailey (KHsu for)
DATE 06/02/23 06/14/23 06/28/23 OFFICE NRR/DORL/LPL2-2/BC NRR/DORL/LPL2-2/PM NAME DWrona KGreen DATE 06/29/23 07/03/23