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. Site Vice President Shaw, Pittman, Potts & Trowbridge Wolf Creek Nuclear Operating Corporation 2300 N Street, NW P.O. Box 411 Washington, D.C. 20037 Burlington, KS 66839 Regional Administrator, Region IV Superintendent Licensing U.S. Nuclear Regulatory Commission Wolf Creek Nuclear Operating Corporation 611 Ryan Plaza Drive, Suite 400 P.O. Box 411 Arlington, TX 76011-7005 Burlington, KS 66839 Senior Resident Inspector U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Resident Inspectors Office P.O. Box 311 8201 NRC Road Burlington, KS 66839 Steedman, MO 65077-1032 Chief Engineer, Utilities Division Mr. Rick A. Muench Kansas Corporation Commission President and Chief Executive Officer 1500 SW Arrowhead Road Wolf Creek Nuclear Operating Corporation Topeka, KS 66604-4027 Post Office Box 411 Burlington, KS 66839 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

Callaway Plant, Unit 1 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation cc: P.O. Box 411 Professional Nuclear Consulting, Inc. Burlington, KA 66839 19041 Raines Drive Derwood, MD 20855 Mr. Dan I. Bolef, President Kay Drey, Representative John ONeill, Esq. Board of Directors Coalition for the Shaw, Pittman, Potts & Trowbridge Environment 2300 N. Street, N.W. 6267 Delmar Boulevard Washington, D.C. 20037 University City, MO 63130 Mr. Mark A. Reidmeyer, Regional Mr. Lee Fritz, Presiding Commissioner Regulatory Affairs Supervisor Callaway County Court House Regulatory Affairs 10 East Fifth Street AmerenUE Fulton, MO 65151 P.O. Box 620 Fulton, MO 65251 Mr. David E. Shafer Superintendent, Licensing U.S. Nuclear Regulatory Commission Regulatory Affairs Resident Inspector Office AmerenUE 8201 NRC Road P.O. Box 66149, MC 470 Steedman, MO 65077-1302 St. Louis, MO 63166-6149 Mr. Chris Younie Mr. Keith D. Young Manager, Quality Assurance Manager, Regulatory Affairs AmerenUE AmerenUE P.O. Box 620 P.O. Box 620 Fulton, MO 65251 Fulton, MO 65251 Manager - Electric Department Mr. Scott Clardy, Director Missouri Public Service Commission Section for Environmental Public Health 301 W. High P.O. Box 570 P.O. Box 360 Jefferson City, MO 65102-0570 Jefferson City, MO 65102 Certrec Corporation Regional Administrator, Region IV 4200 South Hulen, Suite 630 U.S. Nuclear Regulatory Commission Fort Worth, TX 76109 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-4005 Mr. Garry L. Randolph Vice President and Mr. Ronald A. Kucera Chief Nuclear Officer Deputy Director for Public Policy Union Electric Company Department of Natural Resources Post Office Box 620 P.O. Box 176 Fulton, MO 65251 Jefferson City, Missouri 65102