ML073390372
| ML073390372 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 12/18/2007 |
| From: | Wang A NRC/NRR/ADRO/DORL/LPLIV |
| To: | Bannister D Omaha Public Power District |
| Wilkins, L E, NRR/DORL/LPL4, 415-1377 | |
| References | |
| TAC MD6204 | |
| Download: ML073390372 (4) | |
Text
December 18, 2007 Mr. David J. Bannister, Site Director Fort Calhoun Station Omaha Public Power District Fort Calhoun Station FC-2-4 P.O. Box 550 Fort Calhoun, NE 68023-0550
SUBJECT:
OMAHA PUBLIC POWER DISTRICT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR FORT CALHOUN STATION, UNIT 1 (TAC NO. MD6204)
Dear Mr. Bannister:
By letter dated August 31, 2007, Omaha Public Power District (OPPD, the licensee) submitted an affidavit dated August 24, 2007, executed by Gayle F. Elliot, AREVA NP, Inc., 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:
OPPD Proprietary Letter LIC-07-0083, Fort Calhoun Station Unit No. 1, Response to Request for Additional Information for License Amendment Request (LAR), "Modification of Containment Spray System Actuation Logic,
Enclosure:
Compact Disc with GOTHIC input files (Proprietary)
A nonproprietary copy of this document has not been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room since the compact disc contains only data.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(b)
Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.
(c)
The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP.
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 compact disc 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.
D. J. Bannister 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 301-415-1445.
Sincerely,
/RA/
Alan B. Wang, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-285 cc: See next page
D. 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 301-415-1445.
Sincerely,
/RA/
Alan B. Wang, Project Manager Plant Licensing Branch IV Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-285 cc: See next page DISTRIBUTION:
PUBLIC LPLIV R/F RidsAcrsAcnwMailCenter RidsNrrDssScvb RidsNrrDorlLpl4 RidsNrrLAJBurkhardt RidsNrrPMAWang RidsOgcRp RidsRgn4MailCenter ADAMS ACCESSION NO.: ML073390372 OFFICE LPL4/GE LPL4/PM LPL4/LA DSS/SCVB/BC LPL4/BC NAME LWilkins AWang JBurkhardt RDennig THiltz DATE 12/6/07 12/10/07 12/6/2007 12/17/07 12/18/07 OFFICIAL RECORD COPY
Ft. Calhoun Station, Unit 1 (November 2007) cc:
Winston & Strawn ATTN: James R. Curtiss, Esq.
1700 K Street, N.W.
Washington, DC 20006-3817 Chairman Washington County Board of Supervisors P.O. Box 466 Blair, NE 68008 Mr. John Hanna, Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 310 Fort Calhoun, NE 68023 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-4005 Ms. Julia Schmitt, Manager Radiation Control Program Nebraska Health & Human Services R & L Public Health Assurance 301 Centennial Mall, South P.O. Box 95007 Lincoln, NE 68509-5007 Mr. Joe L. McManis Manager - Nuclear Licensing Omaha Public Power District Fort Calhoun Station FC-2-4 Adm.
P.O. Box 550 Fort Calhoun, NE 68023-0550 Ms. Melanie Rasmussen Radiation Control Program Officer Bureau of Radiological Health Iowa Department of Public Health Lucas State Office Building, 5th Floor 321 East 12th Street Des Moines, IA 50319