ML022900741

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Holtec International, Request for Withholding Information from Public Disclosure (TAC Nos. MB5488 & MB5489)
ML022900741
Person / Time
Site: Salem  PSEG icon.png
Issue date: 11/15/2002
From: Robert Fretz
NRC/NRR/DLPM/LPD1
To: Gutherman B
Holtec
Fretz R
References
TAC MB5488, TAC MB5489
Download: ML022900741 (4)


Text

November 15, 2002 Mr. Brian Gutherman, Licensing Manager Holtec International Holtec Center 555 Lincoln Drive West Marlton, NJ 08053

SUBJECT:

HOLTEC INTERNATIONAL, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SALEM NUCLEAR GENERATING STATION, UNIT NOS. 1 AND 2 (TAC NOS. MB5488 AND MB5489)

Dear Mr. Gutherman:

By letter dated October 2, 2002, PSEG Nuclear LLC submitted an affidavit dated October 2, 2002, executed by you requesting that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

Holtec International Report Number HI-931099, Verification and Validation Documentation for Computer Program Crosstie, Revision 0 A nonproprietary copy of this document 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 Holtecs competitors without license from Holtec International 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.
d. Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International;
e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted

B. Gutherman 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 2.790(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 301-415-1324.

Sincerely,

/RA/

Robert J. Fretz, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-272 and 50-311 cc: See next page

ML022900741 OFFICE PDI-2/PM PDI-1/LA SPLB OGC PDI-2/SC(A)

NAME RFretz SLittle SWeerakkody MSiemien REnnis for JAndersen DATE 10/29/02 10/30/02 10/31/02 11/13/02 11/15/02 PSEG Nuclear LLC Salem Nuclear Generating Station, Unit Nos. 1 and 2 cc:

Mr. Harold W. Keiser Lower Alloways Creek Township Chief Nuclear Officer & President c/o Mary O. Henderson, Clerk PSEG Nuclear LLC - X04 Municipal Building, P.O. Box 157 Post Office Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Dr. Jill Lipoti, Asst. Director Mr. David F. Garchow Radiation Protection Programs Vice President - Operations NJ Department of Environmental PSEG Nuclear - X04 Protection and Energy P.O. Box 236 CN 415 Hancocks Bridge, NJ 08038 Trenton, NJ 08625-0415 Mr. John T. Carlin Richard Hartung Vice President - Nuclear Reliability and Electric Service Evaluation Technical Support Board of Regulatory Commissioners PSEG Nuclear - N10 2 Gateway Center, Tenth Floor P.O. Box 236 Newark, NJ 07102 Hancocks Bridge, NJ 08038 Regional Administrator, Region I Mr. Gabor Salamon U.S. Nuclear Regulatory Commission Manager - Nuclear Safety and Licensing 475 Allendale Road PSEG Nuclear - N21 King of Prussia, PA 19406 P.O. Box 236 Hancocks Bridge, NJ 08038 Senior Resident Inspector Salem Nuclear Generating Station Jeffrie J. Keenan, Esquire U.S. Nuclear Regulatory Commission PSEG Nuclear - N21 Drawer 0509 P.O. Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Ms. R. A. Kankus Joint Owner Affairs PECO Energy Company Nuclear Group Headquarters KSA1-E 200 Exelon Way Kennett Square, PA 19348