ML020460119
| ML020460119 | |
| Person / Time | |
|---|---|
| Site: | Hatch  |
| Issue date: | 02/13/2002 |
| From: | Olshan L NRC/NRR/DLPM/LPD2 |
| To: | Sumner H Southern Nuclear Operating Co |
| Olshan L N, NRR/DLPM, 415-1419 | |
| References | |
| TAC MB3756 | |
| Download: ML020460119 (4) | |
Text
February 13, 2002 Mr. H. L. Sumner, Jr.
Vice President - Nuclear Hatch Project Southern Nuclear Operating Company, Inc.
Post Office Box 1295 Birmingham, Alabama 35201-1295
SUBJECT:
EDWIN I. HATCH NUCLEAR PLANT, UNIT 1 RE: REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO.
MB3756)
Dear Mr. Sumner:
By your application dated January 4, 2002, and affidavit dated December 13, 2001, executed by Glen A. Watford, Global Nuclear Fuel, you resubmitted the request to revise the Technical Specifications for Edwin I. Hatch Nuclear Plant, Unit 1, regarding the cycle-specific Safety Limit Minimum Critical Power Ratio, and requested that it be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. 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:
(4)a.
It is information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Nuclear Fuel-Americas (GNF-A) competitors without license from GNF-A constitutes a competitive economic advantage over other companies, and (4)b.
It is information which, if used by a competitor, would reduce its expenditure of resources or improve its competitive position in the design, manufacture, shipment, installation, 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 2.790 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 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
H. L. Sumner, Jr. 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 301-415-1419.
Sincerely,
/RA/
Leonard N. Olshan, Senior Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-367 cc: See next page
H. L. Sumner, Jr.
February 13, 2002 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 301-415-1419.
Sincerely,
/RA/
Leonard N. Olshan, Senior Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-367 cc: See next page DISTRIBUTION:
PUBLIC LOlshan JWermiel PDII-1 Reading CHawes HBerkow MPSiemien, OGC RLaufer SCahill, RII Document Name: G:\\PDII-1\\HATCH\\MB3756.WPD Accession Number: ML020460119 OFFICE PM:PDII-1 LA:PDII-1 BC:TECH BR OGC ASC:PDII-1 NAME LOlshan CHawes RCaruso MPSiemien RLaufer DATE 1/16/02 1/16/02 1/22/02 1/29/02 2/11/02 OFFICIAL RECORD COPY
Edwin I. Hatch Nuclear Plant cc:
Mr. Ernest L. Blake, Jr.
Shaw, Pittman, Potts and Trowbridge 2300 N Street, NW.
Washington, DC 20037 Mr. D. M. Crowe Manager, Licensing Southern Nuclear Operating Company, Inc.
P. O. Box 1295 Birmingham, Alabama 35201-1295 Resident Inspector Plant Hatch 11030 Hatch Parkway N.
Baxley, Georgia 31531 Mr. Charles H. Badger Office of Planning and Budget Room 610 270 Washington Street, SW.
Atlanta, Georgia 30334 Harold Reheis, Director Department of Natural Resources 205 Butler Street, SE., Suite 1252 Atlanta, Georgia 30334 Steven M. Jackson Senior Engineer - Power Supply Municipal Electric Authority of Georgia 1470 Riveredge Parkway, NW Atlanta, Georgia 30328-4684 Charles A. Patrizia, Esquire Paul, Hastings, Janofsky & Walker 10th Floor 1299 Pennsylvania Avenue Washington, DC 20004-9500 Chairman Appling County Commissioners County Courthouse Baxley, Georgia 31513 Mr. J. D. Woodard Executive Vice President Southern Nuclear Operating Company, Inc.
P. O. Box 1295 Birmingham, Alabama 35201-1295 Mr. P. W. Wells General Manager, Edwin I. Hatch Nuclear Plant Southern Nuclear Operating Company, Inc.
U.S. Highway 1 North P. O. Box 2010 Baxley, Georgia 31515 Mr. L. M. Bergen Resident Manager Oglethorpe Power Corporation Edwin I. Hatch Nuclear Plant P. O. Box 2010 Baxley, Georgia 31515