ML041060203

Request for Withholding Information from Public Disclosure for the Wolf Creek Generating Station and the Callaway Plant, Unit 1

ML041060203
Person / Time
Site:	Wolf Creek, Callaway
Issue date:	04/14/2004
From:	Donohew J NRC/NRR/DLPM/LPD4
To:	Mallay J Framatome ANP
Donohew J N, NRR/DLPM,415-1307
References
TAC MC2286, TAC MC2287
Download: ML041060203 (6)

Text

April 14, 2004 Mr. James F. Mallay Director, Regulatory Affairs Framatome ANP 3815 Old Forest Road Lynchburg, VA 24501

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THE WOLF CREEK GENERATING STATION AND THE CALLAWAY PLANT, UNIT 1 (TAC NOS. MC2286 AND MC2287)

Dear Mr. Mallay:

By letters dated March 3, 2004, and March 4, 2004, Wolf Creek Nuclear Operating Corporation and Ameren UE, respectively, submitted affidavits dated March 3, 2004, and March 4, 2004, respectively, executed by Keith D. Young, Manager, Regulatory Affairs, Framatome ANP (FANP), requesting that information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390.

Callaway Plant and Wolf Creek Generating Station Defense-in-Depth and Diversity Assessment A nonproprietary copy of the document has been placed in the Nuclear Regulatory Commission (NRCs) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

4.

This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by FANP and not made available to the public.

5.

This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in this Document be withheld from public disclosure.

6.

(a)

The information reveals details of FANPs research and development plans and programs or their results.

J. Mallay (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 FANP.

(d)

The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for FANP in product optimization or marketability.

(e)

The information is vital to a competitive advantage held by FANP, would be helpful to competitors to FANP, and would likely cause substantial harm to the competitive position of FANP.

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, we have determined that information contained in the document entitled, "Callaway Plant and Wolf Creek Generating Station Defense-in-Depth and Diversity Assessment," 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.

J. Mallay If you have any questions regarding this matter, I may be reached at (301) 415-1307.

Sincerely,

/RA/

Jack N. Donohew, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-482 and 50-483 cc: See next page

J. Mallay April 14, 2004 If you have any questions regarding this matter, I may be reached at (301) 415-1307.

Sincerely,

/RA/

Jack N. Donohew, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-482 and 50-483 cc: See next page DISTRIBUTION:

PUBLIC PDIV-2 Reading RidsNrrDlpmPdiv (HBerkow)

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Wolf Creek Generating Station cc:

Jay Silberg, Esq.

Shaw, Pittman, Potts & Trowbridge 2300 N Street, NW Washington, D.C. 20037 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-7005 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 311 Burlington, KS 66839 Chief Engineer, Utilities Division Kansas Corporation Commission 1500 SW Arrowhead Road Topeka, KS 66604-4027 Office of the Governor State of Kansas Topeka, KS 66612 Attorney General 120 S.W. 10th Avenue, 2nd Floor Topeka, KS 66612-1597 County Clerk Coffey County Courthouse 110 South 6th Street Burlington, KS 66839 Vick L. Cooper, Chief Air Operating Permit and Compliance Section Kansas Department of Health and Environment Bureau of Air and Radiation 1000 SW Jackson, Suite 310 Topeka, KS 66612-1366 Site Vice President Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839 Superintendent Licensing Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KS 66839 U.S. Nuclear Regulatory Commission Resident Inspectors Office 8201 NRC Road Steedman, MO 65077-1032 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Post Office Box 411 Burlington, KS 66839

Callaway Plant, Unit 1 cc:

Professional Nuclear Consulting, Inc.

19041 Raines Drive Derwood, MD 20855 John ONeill, Esq.

Shaw, Pittman, Potts & Trowbridge 2300 N. Street, N.W.

Washington, D.C. 20037 Mr. Mark A. Reidmeyer, Regional Regulatory Affairs Supervisor Regulatory Affairs AmerenUE P.O. Box 620 Fulton, MO 65251 U.S. Nuclear Regulatory Commission Resident Inspector Office 8201 NRC Road Steedman, MO 65077-1302 Mr. Chris Younie Manager, Quality Assurance AmerenUE P.O. Box 620 Fulton, MO 65251 Manager - Electric Department Missouri Public Service Commission 301 W. High P.O. Box 360 Jefferson City, MO 65102 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-4005 Mr. Ronald A. Kucera Deputy Director for Public Policy Department of Natural Resources P.O. Box 176 Jefferson City, Missouri 65102 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation P.O. Box 411 Burlington, KA 66839 Mr. Dan I. Bolef, President Kay Drey, Representative Board of Directors Coalition for the Environment 6267 Delmar Boulevard University City, MO 63130 Mr. Lee Fritz, Presiding Commissioner Callaway County Court House 10 East Fifth Street Fulton, MO 65151 Mr. David E. Shafer Superintendent, Licensing Regulatory Affairs AmerenUE P.O. Box 66149, MC 470 St. Louis, MO 63166-6149 Mr. Keith D. Young Manager, Regulatory Affairs AmerenUE P.O. Box 620 Fulton, MO 65251 Mr. Scott Clardy, Director Section for Environmental Public Health P.O. Box 570 Jefferson City, MO 65102-0570 Certrec Corporation 4200 South Hulen, Suite 630 Fort Worth, TX 76109 Mr. Garry L. Randolph Vice President and Chief Nuclear Officer Union Electric Company Post Office Box 620 Fulton, MO 65251