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| issue date = 04/14/2008
| issue date = 04/14/2008
| title = Determining of Proprietary Information in Enclosure 5 of 3/31/08 Application for Extended Power Uprate Amendment
| title = Determining of Proprietary Information in Enclosure 5 of 3/31/08 Application for Extended Power Uprate Amendment
| author name = Tam P S
| author name = Tam P
| author affiliation = NRC/NRR/ADRO/DORL/LPLIII-1
| author affiliation = NRC/NRR/ADRO/DORL/LPLIII-1
| addressee name = O'Connor T J
| addressee name = O'Connor T
| addressee affiliation = Nuclear Management Co, LLC
| addressee affiliation = Nuclear Management Co, LLC
| docket = 05000263
| docket = 05000263
| license number = DPR-022
| license number = DPR-022
| contact person = tam P S, NRR/DORL, 415-1451
| contact person = tam P, NRR/DORL, 415-1451
| case reference number = TAC MD8398
| case reference number = TAC MD8398
| document type = Letter, Proprietary Information Review
| document type = Letter, Proprietary Information Review
| page count = 4
| page count = 4
| project = TAC:MD8398
| project = TAC:MD8398
| stage = Request
| stage = Other
}}
}}


=Text=
=Text=
{{#Wiki_filter:April 14, 2008  
{{#Wiki_filter:April 14, 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  
 
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:==
==SUBJECT:==
MONTICELLO NUCLEAR GENERATING PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD8398)  
MONTICELLO NUCLEAR GENERATING PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD8398)  


==Dear Mr. O'Connor:==
==Dear Mr. OConnor:==
 
By {{letter dated|date=March 31, 2008|text=letter dated March 31, 2008}}, you submitted an application for an extended power uprate amendment. Your letter stated that Enclosure 5, Safety Analysis Report For Monticello Constant Pressure Power Uprate (Proprietary), contains information which is proprietary to GE Hitachi (GEH), and that GEH requested that this proprietary information be withheld from public disclosure in accordance with 10 CFR 2.390(a)4 and 9.17(a)4. An affidavit executed by Mr. Tim E. Abney of GEH, and supporting this request was provided as Enclosure 6. You provided a non-proprietary version of the GEH document as Enclosure 7. The affidavit requested that Enclosure 5 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
By letter dated March 31, 2008, you submitted an application for an extended power uprate amendment. Your letter stated that Enclosure 5, "Safety Analysis Report For Monticello Constant Pressure Power Uprate (Proprietary)," contains information which is proprietary to GE Hitachi (GEH), and that GEH requested that this proprietary information be withheld from public disclosure in accordance with 10 CFR 2.390(a)4 and 9.17(a)4. An affidavit executed by Mr. Tim E. Abney of GEH, and supporting this request was provided as Enclosure 6. You provided a non-proprietary version of the GEH document as Enclosure 7. The affidavit requested that Enclosure 5 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.  
Mr. Abneys affidavit stated that the entire Enclosure 5 should be considered exempt from mandatory public disclosure for the following reasons:
 
(a)
Mr. Abney's affidavit stated that the entire Enclosure 5 should be considered exempt from mandatory public disclosure for the following reasons:  
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 Mr. Abneys affidavit in accordance with the requirements of 10 CFR 2.390, and on the basis of his statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the entire document identified as Enclosure 5, which is 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.
(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 will release to the public the non-proprietary version of Mr. Abneys document, which was provided as Enclosure 7 of your {{letter dated|date=March 31, 2008|text=March 31, 2008, letter}} (Agencywide Document Management and Access System Accession No. ML080980457).  
 
We have reviewed Mr. Abney's affidavit in accordance with the requirements of 10 CFR 2.390, and on the basis of his statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the entire document identified as Enclosure 5, which is marked as proprietary, will be withheld from public disclosure pur suant to 10 CFR 2.
390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.  
 
We will release to the public the non-proprietary version of Mr. Abney's document, which was provided as Enclosure 7 of your March 31, 2008, letter (Agencywide Document Management and Access System Accession No. ML080980457).
T. J. O'Connor               
 
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. O'Connor               
 
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  RidsOGCRp  RidsAcrsAcnw&mMailCenter RidsNrrDirsltsb  RidsRgn3MailCenter  RidsNrrDorlDpr LPL 3-1 R/F
 
Accession No.:  ML080980457 OFFICE LPL3-1/PM LPL3-1/LA SRXB/BC LPL3-1/BC NAME PTam THarris GCranston LJames DATE 4/10/08 4/9/08 4/11/08 4/14/08                          OFFICIAL RECORD COPY


Monticello Nuclear Generating Plant
T. J. OConnor 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


cc:  
T. J. OConnor 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 RidsOGCRp RidsAcrsAcnw&mMailCenter RidsNrrDirsltsb RidsRgn3MailCenter RidsNrrDorlDpr LPL 3-1 R/F Accession No.: ML080980457 OFFICE LPL3-1/PM LPL3-1/LA SRXB/BC LPL3-1/BC NAME PTam THarris GCranston LJames DATE 4/10/08 4/9/08 4/11/08 4/14/08 OFFICIAL RECORD COPY


Monticello Nuclear Generating Plant cc:
Peter M. Glass Assistant General Counsel Xcel Energy Services, Inc.
Peter M. Glass Assistant General Counsel Xcel Energy Services, Inc.
414 Nicollet Mall Minneapolis, MN 55401  
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.
U.S. Nuclear Regulatory Commission Resident Inspector's Office 2807 W. County Road 75 Monticello, MN 55362  
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 Tim E. Abney GE Hitachi Nuclear Energy 3901 Castle Hayne Road Wilmington, NC 28401 December 2007}}
 
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 S t., 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  
 
Tim E. Abney GE Hitachi Nuclear Energy 3901 Castle Hayne Road Wilmington, NC 28401  
 
December 2007}}

Latest revision as of 17:20, 14 January 2025

Determining of Proprietary Information in Enclosure 5 of 3/31/08 Application for Extended Power Uprate Amendment
ML080980457
Person / Time
Site: Monticello Xcel Energy icon.png
Issue date: 04/14/2008
From: Tam P
NRC/NRR/ADRO/DORL/LPLIII-1
To: O'Connor T
Nuclear Management Co
tam P, NRR/DORL, 415-1451
References
TAC MD8398
Download: ML080980457 (4)
v • d • e


Text

April 14, 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 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD8398)

Dear Mr. OConnor:

By letter dated March 31, 2008, you submitted an application for an extended power uprate amendment. Your letter stated that Enclosure 5, Safety Analysis Report For Monticello Constant Pressure Power Uprate (Proprietary), contains information which is proprietary to GE Hitachi (GEH), and that GEH requested that this proprietary information be withheld from public disclosure in accordance with 10 CFR 2.390(a)4 and 9.17(a)4. An affidavit executed by Mr. Tim E. Abney of GEH, and supporting this request was provided as Enclosure 6. You provided a non-proprietary version of the GEH document as Enclosure 7. The affidavit requested that Enclosure 5 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

Mr. Abneys affidavit stated that the entire Enclosure 5 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 Mr. Abneys affidavit in accordance with the requirements of 10 CFR 2.390, and on the basis of his statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the entire document identified as Enclosure 5, which is 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.

We will release to the public the non-proprietary version of Mr. Abneys document, which was provided as Enclosure 7 of your March 31, 2008, letter (Agencywide Document Management and Access System Accession No. ML080980457).

T. J. OConnor 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 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 RidsOGCRp RidsAcrsAcnw&mMailCenter RidsNrrDirsltsb RidsRgn3MailCenter RidsNrrDorlDpr LPL 3-1 R/F Accession No.: ML080980457 OFFICE LPL3-1/PM LPL3-1/LA SRXB/BC LPL3-1/BC NAME PTam THarris GCranston LJames DATE 4/10/08 4/9/08 4/11/08 4/14/08 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 Tim E. Abney GE Hitachi Nuclear Energy 3901 Castle Hayne Road Wilmington, NC 28401 December 2007

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