ML022270143
| ML022270143 | |
| Person / Time | |
|---|---|
| Site: | Robinson  |
| Issue date: | 08/15/2002 |
| From: | Subbaratnam R NRC/NRR/DLPM/LPD2 |
| To: | Hastings C Caldon |
| References | |
| TAC MB5106 ER-267 Rev. 0 | |
| Download: ML022270143 (6) | |
Text
August 15, 2002 Mr. C. R. Hastings, President and CEO Caldon, Inc.
1070 Banksville Avenue Pittsburgh, PA 15216
SUBJECT:
CALDON, INC. - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MB5106)
Dear Mr. Hastings:
By Carolina Power and Light Companys (CP&Ls) application dated July 25, 2002, and your affidavit dated July 11, 2002, you submitted Caldon, Inc. Engineering Report: ER-267, Bounding Uncertainty Analysis for Thermal Power Determination at CP&L Robinson Nuclear Power Station Using the LEFM Check Plus System, Revision 0, proprietary version 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:
a) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Caldon ability to sell products or services involving the use of the information.
b) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Caldon of a competitive advantage.
c) Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Caldon because it would enhance the ability of competitors to provide similar flow and temperature measurement systems and licensing defense services for commercial power reactors without commensurate expenses.
We have reviewed your 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.
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.
Sincerely,
/RA/
Ram Subbaratnam, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-261 cc: See next page
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.
Sincerely,
/RA/
Ram Subbaratnam, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-261 cc: See next page DISTRIBUTION:
PUBLIC PDII Rdg E. Dunnington M. Siemien, OGC H. Berkow K. Jabbour R. Subbaratnam M. McConnell B. Bonser, RII Adams Accessions Number: ML022270143 OFFICE PM:PDII-S2 INTERN:PDII-S2 LA:PDII-S2 OGC SC:PDII-S2(ACTING)
NAME R. Subbaratnam M. McConnell E. Dunnington M. Siemien K. Jabbour DATE 8/13/02 8/13/02 8/14/02 8/14/02 8/14/02 OFFICIAL RECORD COPY
Carolina Power & Light Company H. B. Robinson Steam Electric Plant, Unit No. 2 cc:
Mr. William D. Johnson Ms. Beverly Hall, Acting Director Vice President and Corporate Secretary N.C. Department of Environment Carolina Power & Light Company and Natural Resources Post Office Box 1551 Division of Radiation Protection Raleigh, North Carolina 27602 3825 Barrett Dr.
Raleigh, North Carolina 27609-7721 Ms. Karen E. Long Assistant Attorney General Mr. Robert P. Gruber State of North Carolina Executive Director Post Office Box 629 Public Staff - NCUC Raleigh, North Carolina 27602 4326 Mail Service Center Raleigh, North Carolina 27699-4326 U.S. Nuclear Regulatory Commission Resident Inspectors Office Mr. Virgil R. Autry, Director H. B. Robinson Steam Electric Plant South Carolina Department of Health 2112 Old Camden Road Bureau of Land & Waste Management Hartsville, South Carolina 29550 Division of Radioactive Waste Management 2600 Bull Street Mr. T. P. Cleary Columbia, South Carolina 29201 Plant General Manager Carolina Power & Light Company Mr. Terry C. Morton H. B. Robinson Steam Electric Plant, Unit No. 2 Manager 3581 West Entrance Road Performance Evaluation and Hartsville, SC 29550 Regulatory Affairs CPB 7 Carolina Power & Light Company Mr. T. D. Walt Post Office Box 1551 Director of Site Operations Raleigh, North Carolina 27602-1551 Carolina Power & Light Company H. B. Robinson Steam Electric Plant, Unit No. 2 Mr. John H. ONeill, Jr.
3581 West Entrance Road Shaw, Pittman, Potts & Trowbridge Hartsville, South Carolina 29550 2300 N Street, NW.
Washington, DC 20037-1128 Public Service Commission State of South Carolina Post Office Drawer 11649 Columbia, South Carolina 29211 Mr. B. L. Fletcher III Manager - Regulatory Affairs Carolina Power & Light Company Supervisor, Licensing/Regulatory Programs H. B. Robinson Steam Electric Plant, Carolina Power & Light Company Unit No. 2 H. B. Robinson Steam Electric Plant, 3581 West Entrance Road Unit No. 2 Hartsville, South Carolina 29550-0790 3581 West Entrance Road Hartsville, South Carolina 29550 Mr. J. W. Moyer Vice President - Robinson Nuclear Plant Carolina Power & Light Company H. B. Robinson Steam Electric Plant Unit No. 2 3581 West Entrance Road Hartsville, South Carolina 29550