ML072770511
| ML072770511 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 11/02/2007 |
| From: | Persinko A NRC/FSME/DWMEP/DURLD/RDB |
| To: | Sanscrainte C Dairyland Power Cooperative |
| bANOVAC k (415-5114) | |
| References | |
| Download: ML072770511 (4) | |
Text
November 2, 2007 Mr. Charles V. Sans Crainte Vice President Generation Dairyland Power Cooperative 3200 East Avenue South P.O. Box 817 La Crosse, WI 54602-0817
SUBJECT:
U.S. NUCLEAR REGULATORY COMMISSION APPROVAL OF DAIRYLAND POWER COOPERATIVE REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR LA CROSSE BOILING WATER REACTOR
Dear Mr. Sans Crainte:
By letter dated September 24, 2007, Dairyland Power Cooperative (DPC) submitted a request for a meeting with Nuclear Regulatory Commission (NRC) staff to discuss its upcoming plans for dry cask storage at the La Crosse Boiling Water Reactor (LACBWR) and to provide an update on decommissioning progress and plans at the site. DPC also requested that information to be presented during a portion of the meeting be withheld from public disclosure, pursuant to 10 CFR 2.390, as DPC considers the concepts to be discussed in the future meeting, confidential commercial information, and sensitive security-related information. DPC provided an affidavit, dated September 24, 2007, supporting the request.
The affidavit stated that the information should be considered exempt from mandatory public disclosure for the following reasons:
The information contains commercial information and is privileged and confidential information held in confidence by DPC.
The information is of the type described in Regulatory Issue Summary (RIS) 2005-31,, Screening Criteria for Security-Related Sensitive Unclassified Non-Safeguards Information.
The information will be presented to the NRC staff by DPC and its contractors in confidence.
The information is not available in public sources.
The information to be presented and discussed includes information that the NRC has recommended not be disclosed to the public in RIS 2005-31 regarding security-related sensitive unclassified non-safeguards information.
The cask system procurement process, which will be discussed at the future meeting, includes a closed bid evaluation that is confidential and proprietary. Due to the highly
C. V. Sans Crainte 2
competitive nature of the cask system supply market and the fact that DPC will not have announced the selected vendor at the time of the meeting, public access to such information would compromise the procurement process.
We have reviewed your affidavit in accordance with the requirements of 10 CFR 2.390. On the basis of your statements, we have determined that the information to be presented in the future meeting, sought to be withheld, contains confidential commercial information and sensitive security-related information and should be withheld from public disclosure. Therefore, the information presented in the future meeting (including discussions, presentation slides, and handouts) 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 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. It should also be understood 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, please contact Kristina Banovac of my staff, at 301-415-5114 or klb@nrc.gov.
Sincerely,
/RA/
Andrew Persinko, Branch Chief Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-409 cc: See next page
C.V. Sans Crainte 2
competitive nature of the cask system supply market and the fact that DPC will not have announced the selected vendor at the time of the meeting, public access to such information would compromise the procurement process.
We have reviewed your affidavit in accordance with the requirements of 10 CFR 2.390. On the basis of your statements, we have determined that the information to be presented in the future meeting, sought to be withheld, contains confidential commercial information and sensitive security-related information and should be withheld from public disclosure. Therefore, the information presented in the future meeting (including discussions, presentation slides, and handouts) 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 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. It should also be understood 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, please contact Kristina Banovac of my staff, at 301-415-5114 or klb@nrc.gov.
Sincerely,
/RA/
Andrew Persinko, Branch Chief Reactor Decommissioning Branch Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-409 cc: See next page DISTRIBUTION:
DOrlando WSnell/RIII ML072770511 Office DWMEP:PM DWMEP:LA DWMEP:BC Name KBanovac TMixon APersinko Date 10/5/07 10/9/07 10/2/07 OFFICIAL RECORD COPY
La Crosse Boiling Water Reactor Service List cc:
Mr. W. L. Berg President and Chief Executive Officer Dairyland Power Cooperative 3200 East Avenue South P.O. Box 817 La Crosse, WI 54602-0817 Mr. Fritz Schubert, Esq.
Dairyland Power Cooperative 2615 East Avenue South La Crosse, WI 54601 Whieler, Van Sickle and Anderson Suite 801 25 W. Main Street Madison, WI 53703-3398 Mr. Roger E. Christians, Plant Manager La Crosse Boiling Water Reactor Dairyland Power Cooperative P.O. Box 275 Genoa, WI 54632 Town Chairman Town of Genoa Route 1 Genoa, WI 54632 Mr. Jeffery Kitsembel Electric Division Wisconsin Public Service Commission P.O. Box 7854 Madison, WI 53707-7854 Mr. Paul Schmidt, Manager Radiation Protection Section Bureau of Environmental and Occupational Health Division of Public Health Wisconsin Department of Health and Family Services P.O. Box 2659 Madison, WI 53701-2659 Mr. Michael Brasel, Project Engineer La Crosse Boiling Water Reactor Dairyland Power Cooperative P.O. Box 275 Genoa, WI 54632 Mr. Jeff McRill, Technical Support Engineer La Crosse Boiling Water Reactor Dairyland Power Cooperative P.O. Box 275 Genoa, WI 54632 Regional Administrator Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351