ML102910131
| ML102910131 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 10/25/2010 |
| From: | Wilkins L E Plant Licensing Branch IV |
| To: | Bannister D J Omaha Public Power District |
| Wilkins, L E, NRR/DORL/LPL4, 415-1377 | |
| References | |
| TAC ME4541 | |
| Download: ML102910131 (4) | |
Text
UNITED NUCLEAR REGULATORY WASHINGTON, D.C. 20555-0001 October 25, 2010 Mr. David J. Bannister Vice President and CNO Omaha Public Power District Fort Calhoun Station 444 South 16th St. Mall Omaha, NE 68102-2247 FORT CALHOUN STATION, UNIT NO.1 -REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME4541)
Dear Mr. Bannister:
By letter dated August 16, 2010 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML 102300641), Omaha Public Power District (OPPD), submitted an affidavit dated July 30, 2010, executed by J.A. Gresham, Westinghouse Electric Company LLC (Westinghouse), requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390: L TR-PAFM-1 0-123-P, Revision 0, "Technical Justification to Support Alternative Visual Examination Intervals for Fort Calhoun Reactor Vessel Outlet Nozzle to Safe End Dissimilar Metal Welds," July 2010. The information is included in Enclosure 1 to OPPD's letter dated August 16, 2010. A nonproprietary version of this document, designated as Enclosure 2 to OPPD's letter dated August 16, 2010, has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the ADAMS Public Electronic Reading Room. The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons: The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors.
It is, therefore, withheld from disclosure to protect the Westinghouse competitive position. It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information. Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
D. Bannister -2
- Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage.
If competitors acquire components of proprietary information, anyone component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
- Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby gives market advantage to the competition of those countries.
- The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
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 1 03(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. -3 If you have any questions, please contact me at 301-415-1377 or via e-mail at Iynnea.wilkins@nrc.gov.
Sincerely, Lynnea E. Wilkir(g, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-285 J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box Pittsburgh, PA Distribution via Listserv D. Bannister -3 If you have any questions, please contact me at 301-415-1377 or via e-mail at Iynnea.wilkins@nrc.gov.
Docket No. 50-285 cc: J. A. Gresham, Manager Sincerely, IRA by Alan Wang forI Lynnea E. Wilkins, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P.O. Box Pittsburgh, PA Distribution via Listserv DISTRIBUTION:
PUBLIC LPLIV rlf RidsAcrsAcnw_MailCTR Resource RidsNrrDciCpnb Resource RidsNrrDorlLpl4 Resource RidsNrrLAJBurkhardt Resource RidsNrrPMFortCalhoun Resource RidsOgcRp Resource RidsRgn4MailCenter Resource ADAMS Accession No: ML 102910131 OFFICE NRR/LPL4/PM NRR/LPL4/LA DCI/CPNB/BC NRR/LPL4/BC NRR/LPL4/PM NAME LWilkins AWang for JBurkhardt TLupold MMarkley LWilkins AWang for DATE 10/20/10 10/19/10 10/21/10 10/25/10 10/25/10 OFFICIAL AGENCY