ML19052A208

Request for Withholding Information from Public Disclosure (EPID-L-2018-LLA-0247)

ML19052A208
Person / Time
Site:	Watts Bar
Issue date:	03/08/2019
From:	Robert Schaaf Plant Licensing Branch II
To:	James Shea Tennessee Valley Authority
Schaaf R NRR/DORL/LPL2-2 415-6020
References
EPID L-2018-LLA-0247
Download: ML19052A208 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 8, 2019 Mr. Joseph W. Shea Vice President, Nuclear Regulatory Affairs and Support Services Tennessee Valley Authority 1101 Market Street, LP 4A Chattanooga TN 37402-2801

SUBJECT:

WAITS BAR NUCLEAR PLANT, UNIT 2-REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2018-LLA-0051)

Dear Mr. Shea:

By letter dated October 11, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18284A450), Tennessee Valley Authority (TVA or the licensee) submitted an affidavit dated September 27, 2018, executed by Edmond J. Mercier of Westinghouse Electric Company, requesting that information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390:

Westinghouse Responses to NRC Request for Additional Information Regarding the Application to Revise Watts Bar Nuclear Plant Unit 2 - License Condition 2.C(4) PAD4TCD (391-WBN-TS-18-03), EPID L-2018-LLA-0051 (Proprietary)

The information was included in Enclosure 1 to TVA's letter dated October 11, 2018. A nonproprietary version of the responses, designated as Enclosure 2 to TVA's letter dated October 11, 2018, has been placed in the U.S. Nuclear Regulatory Commission's (NRC's)

Public Document Room and added to ADAMS in the NRC Library at Accession No. ML18284A450.

The affidavit stated that the information sought to be withheld is considered to be proprietary for the reasons below:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, or 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.

J.Shea (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 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, please contact me at (301) 415-6020 or Robert.Schaaf@nrc.gov.

Sincerely, 1UiJ&7-j Robert G. Schaaf, Senior Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-391 cc: Mr. Edmond J. Mercier Manager, Fuels Licensing and Regulatory Support Westinghouse Electric Company 1000 Westinghouse Drive Building 2, Suite 256 Cranberry Township, PA 16066 Additional Distribution via Listserv

ML19052A208 *via email OFFICE NRR/D0RL/LPL2-2/PM NRR/D0RL/LPL2-2/LA NRR/DSS/SNPB/BC* NRR/DSS/SRXB/BC*

NAME RSchaaf BClayton Rlukes JWhitman DATE 02/20/2019 02/25/2019 02/25/2019 02/28/2019 OFFICE NRR/D0RL/LPL2-2/BC NRR/D0RL/LPL2-2/PM NAME UShoop RSchaaf DATE 03/07/2019 03/08/2019