ML080980457
| ML080980457 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 04/14/2008 |
| From: | Tam P S NRC/NRR/ADRO/DORL/LPLIII-1 |
| To: | O'Connor T J Nuclear Management Co |
| tam P S, NRR/DORL, 415-1451 | |
| References | |
| TAC MD8398 | |
| Download: ML080980457 (4) | |
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. O'Connor:
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. Abney's 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. 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
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 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