ML022520006

Request for Withholding Information from Public Disclosure, Attachment to GE Proprietary Letter, NSA 02-368, Response to Request for Additional Information Monticello GE14 Nfi

ML022520006
Person / Time
Site:	Monticello
Issue date:	09/23/2002
From:	Miranda S NRC/NRR/DLPM/LPD3
To:	Forbes J Nuclear Management Co
References
TAC MB3187
Download: ML022520006 (4)

Text

September 23, 2002 Mr. Jeffrey S. Forbes Site Vice President Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637

SUBJECT:

NUCLEAR MANAGEMENT COMPANY, LLC - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR MONTICELLO NUCLEAR GENERATING PLANT (TAC NO. MB3187)

Dear Mr. Forbes:

By letter dated June 25, 2002, the Nuclear Management Company, LLC, submitted an affidavit dated June 20, 2002, executed by David J. Robare, of General Electric Company (GE),

requesting that the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

Attachment to GE Proprietary Letter, NSA 02-368, Response to Request for Additional Information Monticello GE14 NFI The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

The information contains detailed results of analytical models, methods and processes, including computer codes, which GE has developed, obtained NRC approval of, and applied to perform evaluations of the loss-of-coolant accident for the BWR.

The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEs competitors without license from GE constitutes a competitive economic advantage over other companies.

The information, which if used by a competitor, would reduce his expenditure of resources or improve his 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 Attachment to GE Proprietary Letter, NSA 02-368, Response to Request for Additional Information Monticello GE14 NFI, 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.

J. Forbes 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 301-415-2303.

Sincerely,

/RA/

Samuel Miranda, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-263 cc: See next page

ML022520006 OFFICE PDIII-1/PM PDIII-1/LA OGC PDIII-1/SC NAME SMiranda RBouling MPSiemien LRaghavan DATE 09/09/02 09/09/02 09/20/02 09/23/02 Monticello Nuclear Generating Plant cc:

J. E. Silberg, Esquire Commissioner Shaw, Pittman, Potts and Trowbridge Minnesota Department of Commerce 2300 N Street, N. W. 121 Seventh Place East Washington, DC 20037 Suite 200 St. Paul, MN 55101-2145 U.S. Nuclear Regulatory Commission Resident Inspectors Office Adonis A. Neblett 2807 W. County Road 75 Assistant Attorney General Monticello, MN 55362 Office of the Attorney General 445 Minnesota Street Site Licensing Manager Suite 900 Monticello Nuclear Generating Plant St. Paul, MN 55101-2127 Nuclear Management Company, LLC 2807 West County Road 75 Mr. Roy A. Anderson Monticello, MN 55362-9637 Executive Vice President and Chief Nuclear Officer Robert Nelson, President Nuclear Management Company, LLC Minnesota Environmental Control 700 First Street Citizens Association (MECCA) Hudson, WI 54016 1051 South McKnight Road St. Paul, MN 55119 Nuclear Asset Manager Xcel Energy, Inc.

Commissioner 414 Nicollet Mall Minnesota Pollution Control Agency Minneapolis, MN 55401 520 Lafayette Road St. Paul, MN 55155-4194 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Commissioner Minnesota Department of Health 717 Delaware Street, S. E.

Minneapolis, MN 55440 Douglas M. Gruber, Auditor/Treasurer Wright County Government Center 10 NW Second Street Buffalo, MN 55313 March 2002