ML081200924

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Request for Withholding Proprietary Information from Public Disclosure
ML081200924
Person / Time
Site: Surry Dominion icon.png
Issue date: 05/13/2008
From: Lingham S
NRC/NRR/ADRO/DORL/LPLII-1
To: Gerald Bichof
Virginia Electric & Power Co (VEPCO)
Jervey, Richard 301-415-2728
References
TAC MD8504
Download: ML081200924 (4)


Text

May 13, 2008 Mr. Gerald T. Bischof Vice President - Nuclear Engineering Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711

SUBJECT:

SURRY POWER STATION, UNIT NO. 2 - REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (TAC NO.

MD8504)

Dear Mr. Bischof:

By letter dated April 14, 2008, you submitted an application for license amendment to allow a one-cycle revision to Surry Power Station, Unit No. 2 Technical Specifications (TSs).

Specifically, TS 6.4.Q, Steam Generator (SG) Program, and TS 6.6.3, Steam Generator Tube Inspection Report, would be revised to incorporate an interim alternate repair criterion (IARC) into the provisions for SG tube repair for use during the Surry Power Station, Unit No. 2, 2008 spring refueling outage and the subsequent operating cycle. You requested that Westinghouse proprietary information included in Enclosure 4, Interim Alternate Repair Criteria (ARC) for Cracks in the Lower Region of the Tubesheet Expansion Zone, and Response to NRC Request for Additional Information Relating to LTR-CDME-08-11 P-Attachment, to the April 14, 2008, letter, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. Affidavits attesting to the nature of the commercial information was provided in authorization letters LTR-CAW-08-2411 and LTR-CAW-08-2412, "Application for Withholding Proprietary Information from Public Disclosure," both dated April 9, 2008, executed by J. A. Gresham of Westinghouse Electric Company.

A nonproprietary copy of the application has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room.

The affidavit stated that the submitted information should be considered exempt from mandatory 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.

(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 your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the enclosure 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 301-415-1564.

Sincerely,

/RA/

Siva P. Lingam, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-281 cc: See next page

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the enclosure 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 301-415-1564.

Sincerely,

/RA/

Siva P. Lingam, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-281 cc: See next page DISTRIBUTION:

PUBLIC RidsRgn2MailCenter(EGuthrie)

LPL2-1 R/F RidsNrrPMSLingam (hard copy)

RidsNrrDorlLpl2-1(MWong)

RidsNrrLAMO=Brien (hard copy)

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ADAMS Accession No: ML081200924 NRR084 OFFICE LPL2-1/PM LPL2-1/LA NRR/DCI/CSGB/BC LPL2-1/BC NAME SLingam MO=Brien AHiser MWong DATE 5/7/08 5/13/08 5/13/08 5/13/08 OFFICIAL AGENCY RECORD

Surry Power Station, Units 1 & 2 cc:

Ms. Lillian M. Cuoco, Esq.

Senior Counsel Dominion Resources Services, Inc.

120 Tredegar Street, RS-2 Richmond, VA 23219 Mr. Donald E. Jernigan Site Vice President Surry Power Station Virginia Electric and Power Company 5570 Hog Island Road Surry, Virginia 23883-0315 Senior Resident Inspector Surry Power Station U. S. Nuclear Regulatory Commission 5850 Hog Island Road Surry, Virginia 23883 Chairman Board of Supervisors of Surry County Surry County Courthouse Surry, Virginia 23683 Dr. W. T. Lough Virginia State Corporation Commission Division of Energy Regulation Post Office Box 1197 Richmond, Virginia 23218 Dr. Robert B. Stroube, MD, MPH State Health Commissioner Office of the Commissioner Virginia Department of Health Post Office Box 2448 Richmond, Virginia 23218 Office of the Attorney General Commonwealth of Virginia 900 East Main Street Richmond, Virginia 23219 Mr. Chris L. Funderburk, Director Nuclear Licensing & Operations Support Dominion Resources Services, Inc.

Innsbrook Technical Center 5000 Dominion Blvd.

Glen Allen, Virginia 23060-6711 Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company LLC P. O. Box 355 Pittsburgh, Pennsylvania 15230-0355