ML053120324
| ML053120324 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 12/05/2005 |
| From: | Geoffrey Miller NRC/NRR/DLPM/LPD1 |
| To: | Leaver D Polestar Applied Technology |
| References | |
| %dam200604, TAC MC6519 | |
| Download: ML053120324 (4) | |
Text
December 5, 2005 Mr. David E. W. Leaver Principal & Quality Assurance Manager Polestar Applied Technology, Inc.
One First Street Suite 4 Los Altos, CA 94022
SUBJECT:
AMERGEN ENERGY COMPANY LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR OYSTER CREEK GENERATING STATION (TAC NO. MC6519)
Dear Mr. Leaver:
By letter dated November 2, 2005, AmerGen Energy Company, LLC (AmerGen) submitted an affidavit executed by you, dated October 18, 2005, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390:
Polestar Applied Technology, Inc. (Polestar) Report PSAT 05201H.05 The November 2, 2005, letter from AmerGen contained responses to Nuclear Regulatory Commission (NRC) questions related to AmerGens license amendment request No. 315 for the Oyster Creek Generating Station. The letter from AmerGen stated that the proprietary information from the aforementioned Polestar report is contained in the submitted letter.
A nonproprietary copy of this document has been placed in the NRCs 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:
(1) This information is of the type typically held in confidence by Polestar, and is in fact so held.
(2) The information is being transmitted to the NRC in confidence.
(3) The information has not been publically disclosed, nor is it available in public sources.
(4) The information discloses a process or method, including supporting data and analyses, where prevention of its use by Polestars competitors without license from Polestar constitutes a competitive economic advantage over other companies.
D. Leaver (5) The information, if used by a competitor, would significantly reduce his expenditure of resources or improve his competitive position in the analysis, design, assurance of quality, or licensing of a similar product.
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, the version of the submitted information 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 should also 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 301-415-2481.
Sincerely,
/RA/
G. Edward Miller, Project Manager Licensing Project Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-219 cc: See next page
ML053120324 OFFICE LPL1-2/PM LPL1-2/LA CSGB.BC LPL1-2/BC NAME GMiller CRaynor AHiser DRoberts DATE 11/25/05 11/25/05 11/28/05 12/05/05 Oyster Creek Nuclear Generating Station Site Vice President - Oyster Creek Director - Licensing and Regulatory Affairs Nuclear Generating Station AmerGen Energy Company, LLC AmerGen Energy Company, LLC Correspondence Control P.O. Box 388 P.O. Box 160 Forked River, NJ 08731 Kennett Square, PA 19348 Senior Vice President of Manager Licensing - Oyster Creek Operations Exelon Generation Company, LLC AmerGen Energy Company, LLC Correspondence Control 200 Exelon Way, KSA 3-N P.O. Box 160 Kennett Square, PA 19348 Kennett Square, PA 19348 John E. Matthews, Esquire Regulatory Assurance Manager Morgan, Lewis, & Bockius LLP Oyster Creek 1111 Pennsylvania Avenue, NW AmerGen Energy Company, LLC Washington, DC 20004 P.O. Box 388 Forked River, NJ 08731 Kent Tosch, Chief New Jersey Department of Assistant General Counsel Environmental Protection AmerGen Energy Company, LLC Bureau of Nuclear Engineering 200 Exelon Way CN 415 Kennett Square, PA 19348 Trenton, NJ 08625 Ron Bellamy, Region I Vice President - Licensing and U.S. Nuclear Regulatory Commission Regulatory Affairs 475 Allendale Road AmerGen Energy Company, LLC King of Prussia, PA 19406-1415 4300 Winfield Road Warrenville, IL 60555 Correspondence Control Desk AmerGen Energy Company, LLC Regional Administrator, Region I 200 Exelon Way, KSA 1--1 U.S. Nuclear Regulatory Commission Kennett Square, PA 19348 475 Allendale Road King of Prussia, PA 19406-1415 Oyster Creek Nuclear Generating Station Plant Manager Mayor of Lacey Township AmerGen Energy Company, LLC 818 West Lacey Road P.O. Box 388 Forked River, NJ 08731 Forked River, NJ 08731 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 445 Forked River, NJ 08731