ML081480265
| ML081480265 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 07/11/2008 |
| From: | Tam P NRC/NRR/ADRO/DORL/LPLIII-1 |
| To: | O'Connor T Nuclear Management Co |
| tam P, NRR/ADRO/DORL, 415-1451 | |
| References | |
| TAC MD8398 | |
| Download: ML081480265 (4) | |
Text
July 11, 2008 Mr. Timothy J. O=Connor Site Vice President Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637
SUBJECT:
MONTICELLO NUCLEAR GENERATING PLANT (MNGP) - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD8398)
Dear Mr. OConnor:
By letter dated May 20, 2008, you submitted a supplement to your March 31, 2008, application for an extended power uprate (EPU) amendment. Your letter stated that Enclosure 2, MNGP AST [Alternate Source Term] - LOCA [Loss-of-Coolant Accident] Radiological Consequence Analysis, Rev. 3; Enclosure 3, MNGP AST - CRDA [Control Rod Drop Accident] Radiological Consequence Analysis, Rev. 2; Enclosure 4, MNGP AST - FHA
[Fuel Handling Accident] Radiological Consequence Analysis, Rev. 2; Enclosure 5, MNGP EPU - CR [Control Room] and TSC [Technical Support Center] Direct Dose, Rev. 0; and, MNGP EPU - TSC Internal Dose, Rev. 0 contain information which is proprietary to Alion Science and Technology Corporation (ALION), and that ALION requested that this proprietary information be withheld from public disclosure in accordance with Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 390(a)4, and Part 9, Section 17(a)4. Your letter provided an affidavit as Enclosure 7, executed by Mr. Peter K. Mast of ALION to support this request. The affidavit requested that Enclosures 2, 3, 4, 5, and 6 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
Mr. Masts affidavit stated that the entire Enclosures 2, 3, 4, 5, and 6 should be considered exempt from mandatory public disclosure for the following reasons:
(a)
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by ALION's competitors without license from ALION constitutes a competitive economic advantage over other companies; (b)
Information that, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, preparation, manufacture, shipment, installation, assurance of quality, or licensing of a similar product or service.
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, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
T. J. OConnor Therefore, the entire documents identified as Enclosures 2, 3, 4, 5, and 6, which are 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 301-415-1451.
Sincerely,
/RA/
Peter S. Tam, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: See next page
T. J. OConnor Therefore, the entire documents identified as Enclosures 2, 3, 4, 5, and 6, which are 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 301-415-1451.
Sincerely,
/RA/
Peter S. Tam, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: See next page DISTRIBUTION PUBLIC RidsNrrDorlLpl3-1 RidsNrrPMPTam RidsNrrLATHarris RidsOgcMailCenter RidsAcrsAcnw&mMailCenter RidsNrrDirsltsb RidsRgn3MailCenter RidsNrrDorlDpr LPL3-1 R/F RidsNrrLABTully Accession No.: ML081480265 OFFICE LPL3-1/PM LPL3-1/LA LPL3-1/BC NAME PTam BTully for THarris PTam for LJames DATE 6/10/08 6/6/08 7/11/08 OFFICIAL RECORD COPY
Monticello Nuclear Generating Plant cc:
Peter M. Glass Assistant General Counsel Xcel Energy Services, Inc.
414 Nicollet Mall Minneapolis, MN 55401 U.S. Nuclear Regulatory Commission Resident Inspector's Office 2807 W. County Road 75 Monticello, MN 55362 Manager, Nuclear Safety Assessment Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637 Commissioner Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, MN 55155-4194 Commissioner Minnesota Department of Health 717 Delaware Street, S. E.
Minneapolis, MN 55440 Douglas M. Gruber, Auditor/Treasurer Wright County Government Center 10 NW Second Street Buffalo, MN 55313 Commissioner Minnesota Department of Commerce 85 7th Place East, Suite 500 St. Paul, MN 55101-2198 Manager - Environmental Protection Division Minnesota Attorney General=s Office 445 Minnesota St., Suite 900 St. Paul, MN 55101-2127 Nuclear Asset Manager Xcel Energy, Inc.
414 Nicollet Mall, R.S. 8 Minneapolis, MN 55401 Dennis L. Koehl Chief Nuclear Officer Nuclear Management Company, LLC 700 First Street Hudson, WI 54016 Peter K. Mast Vice President Alion Science and Technology Corporation 4525 Weaver Parkway Warrenville, IL 60555