ML021290523

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Request for Withholding Information from Public Disclosure
ML021290523
Person / Time
Site: Susquehanna  Talen Energy icon.png
Issue date: 05/17/2002
From: Colburn T
NRC/NRR/DLPM
To: Byram R
Susquehanna
Colburn T, NRR/DLPM, 415-1402
References
TAC MB2190, TAC MB2191
Download: ML021290523 (5)


Text

May 17, 2002 Mr. Robert G. Byram Senior Vice President and Chief Nuclear Officer PPL Susquehanna, LLC 2 North Ninth Street Allentown, PA 18101

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE SUSQUEHANNA STEAM ELECTRIC STATION, UNITS 1 AND 2 (TAC NOS.

MB2190 AND MB2191)

Dear Mr. Byram:

By your application dated February 4, 2002, and affidavit dated February 4, 2002, you submitted the magnetic tape containing the proprietary SABRE Source Code and SABRE Input Files (Attachment 2) and a proprietary Calculation EC-RISK-1083, Risk Associated with the Removal of the HPCI [high pressure coolant injection] Automatic Suction Swap from the CST

[condensate storage tank] to the Suppression Pool, (Attachment 3). By affidavit executed on February 4, 2002, you requested that Attachments 2 and 3 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. A nonproprietary copy of these documents 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:

This information has been held in confidence by PPL [Pennsylvania Power and Light].

To the extent that PPL has shared this information with others, it has done so on a confidential basis.

The SABRE Source Code and SABRE Input Files contain commercially sensitive information which requires protection in connection with PPLs commercial position in the competitive electric utility industry.

...The Calculation EC-Risk-1083, Risk Associated with the Removal of the HPCI Automatic Suction Swap from the CST to the Suppression Pool, contains sensitive information, which requires protection and should be kept secret in the interest of national defense since the terrorist acts of September 11, 2001. In addition, Calculation EC-RISK-1083 contains commercially sensitive information, which requires protection in connection with PPLs commercial position in the competitive electric utility industry.

The sensitive information consists of cutset files generated from the CAFTA model.

R. Byram This information is customarily held in confidence by PPL in order to protect its competitive position in the marketplace. It is not available from public sources and could not be gathered readily from other publicly available information.

Public disclosure of this information [SABRE Source Code and Input Files] could cause substantial harm to the competitive position of PPL. The information contained in the documents is valuable to PPL. A significant amount of effort and money was expended to develop the information, and it cannot be easily acquired or duplicated by others.

Public disclosure of this information [Calculation EC-RISK-1083] could cause substantial harm to the security of PPL Susquehanna, LLC.

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 SABRE Source Code and SABRE Input Files 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 301-415-1402.

Sincerely,

/RA/

Timothy G. Colburn, Senior Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-387 and 50-388 cc: See next page

R. Byram This information is customarily held in confidence by PPL in order to protect its competitive position in the marketplace. It is not available from public sources and could not be gathered readily from other publicly available information.

Public disclosure of this information [SABRE Source Code and Input Files] could cause substantial harm to the competitive position of PPL. The information contained in the documents is valuable to PPL. A significant amount of effort and money was expended to develop the information, and it cannot be easily acquired or duplicated by others.

Public disclosure of this information [Calculation EC-RISK-1083] could cause substantial harm to the security of PPL Susquehanna, LLC.

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 SABRE Source Code and SABRE Input Files 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 301-415-1402.

Sincerely,

/RA/

Timothy G. Colburn, Senior Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-387 and 50-388 cc: See next page DISTRIBUTION PUBLIC PDI-1 Reading BPlatchek, RGN-I RLaufer RCaruso TColburn MOBrien MPSiemien, OGC SRichards ACCESSION NO. ML021290523 OFFICE PDI-1/PM PDI-2/LA SRXB\\SC OGC PDI-1/SC NAME TColburn MOBrien RCaruso MRSiemien RLaufer DATE 5/14/02 5/14/02 514//02 5/15/02 5/17/02 OFFICIAL RECORD COPY

Susquehanna Steam Electric Station, Units 1 &2 Bryan A. Snapp, Esq Assoc. General Counsel PPL Services Corporation 2 North Ninth Street GENTW3 Allentown, PA 18101-1179 Rocco R. Sgarro Supervisor-Nuclear Licensing PPL Susquehanna, LLC 2 North Ninth Street GENA61 Allentown, PA 18101-1179 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 35, NUCSA4 Berwick, PA 18603-0035 Director-Bureau of Radiation Protection Pennsylvania Department of Environmental Protection P.O. Box 8469 Harrisburg, PA 17105-8469 PPL Susquehanna, LLC Nuclear Records Attn: G. DallaPalu 2 North Ninth Street GENA62 Allentown, PA 18101-1179 Richard W. Osborne Allegheny Electric Cooperative, Inc.

212 Locust Street P.O. Box 1266 Harrisburg, PA 17108-1266 Regional Administrator, Region 1 U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Bryce L. Shriver Vice President-Nuclear Site Operations Susquehanna Steam Electric Station PPL Susquehanna, LLC Box 467, NUCSA4 Berwick, PA 18603-0035 Herbert D. Woodeshick Special Office of the President PPL Susquehanna, LLC Rural Route 1, Box 1797 Berwick, PA 18603-0035 George T. Jones Vice President-Nuclear Engineering & Support PPL Susquehanna, LLC 2 North Ninth Street, GENA61 Allentown, PA 18101-1179 Dr. Judith Johnsrud National Energy Committee Sierra Club 443 Orlando Avenue State College, PA 16803 Board of Supervisors Salem Township P.O. Box 405 Berwick, PA 18603-0035 Allen M. Male Manager - Quality Assurance PPL Susquehanna, LLC Two North Ninth Street, GENA92 Allentown, PA 18101-1179 Terry L. Harpster Manager - Nuclear Regulatory Affairs PPL Susquehanna, LLC Two North Ninth Street, GENA61 Allentown, PA 18101-1179 Richard L. Anderson General Manager - SSES Susquehanna Steam Electric Station PPL Susquehanna, LLC Box 467, NUCSB3 Berwick, PA 18603-0035 Ronald L. Ceravolo General Manager - Plant Support Susquehanna Steam Electric Station PPL Susquehanna Steam Electric Station Box 467, NUCSA4