ML090350359
| ML090350359 | |
| Person / Time | |
|---|---|
| Site: | Hatch  |
| Issue date: | 08/05/2009 |
| From: | Martin R Plant Licensing Branch II |
| To: | Ajluni M Southern Nuclear Operating Co |
| Martin R, NRR/DORL, 415-1493 | |
| References | |
| TAC MD9579 | |
| Download: ML090350359 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 August 5, 2009 Mr. Mark J. Ajluni Manager, Nuclear Licensing Southern Nuclear Operating Company, Inc.
Post Office Box 1295 Birmingham, AL 35201-1295
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR EDWIN!. HATCH NUCLEAR PLANT, UNIT 2
Dear Mr. Ajluni:
By letter dated March 30, 2009, you submitted an affidavit dated March 4, 2009, executed by Mr. Tim E. Abney, of GE-Hitachi Nuclear Energy Americas LLC (GEH), wherein you requested 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: to the March 30, 2009, "GE-NE-0000-0080-0259-P-R4; Hatch 2 Nuclear Plant Shroud Repair Replacement of Upper Support Stress Analysis Report (Proprietary)"
A nonproprietary copy of this document, Enclosure 3 to the March 30, 2009 letter, has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
The affidavit stated that the submitted information 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 GEH's competitors without license from GEH constitutes a competitive economic advantage over other companies;
- b.
Information which, if used 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 of a similar product; 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.
M. Ajluni
- 2 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.
Sincerely, J
Lov1\\VU~
Donna Wright, Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-366 cc:
Mr. Tim E Abney Vice President, Services Licensing GE-Hitachi Nuclear Energy Americas LLC 6705 Vallecitos Road Sunol, CA 94586 Additional Distribution via Listserv
ML090350359 NRR-084 OFFICE NRRlLPL2-1/PM NRRlLPL2-1/PM NRRlLPL2-1/LA NRRlCVIB/BC NRRlLPL2-1/BC NAME RMartin DWright SRohrer MMitchell UShoop DATE 6/11/09 6/11/09 6/11/09 8/3/09 8/5/09