ML023180781
| ML023180781 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 11/14/2002 |
| From: | Stang J NRC/NRR/DLPM/LPD3 |
| To: | Bakken A Indiana Michigan Power Co |
| References | |
| TAC MB5318, TAC MB5319 | |
| Download: ML023180781 (4) | |
Text
November 14, 2002 Mr. A. Christopher Bakken III, Senior Vice President and Chief Nuclear Officer Indiana Michigan Power Company Nuclear Generation Group 500 Circle Drive Buchanan, MI 49107
SUBJECT:
DONALD C. COOK NUCLEAR PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MB5318 And MB5319)
Dear Mr. Bakken:
By letters dated June 5 and September 20, 2002, you submitted affidavits dated May 29 and September 18, 2002, respectively. Both affidavits were executed by H. A. Sepp of the Westinghouse Electric Company, LLC (Westinghouse), and requested that certain information in Attachment 4 to the June 5, 2002, letter and Attachment 3 to the September 20, 2002, letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. Specifically, the information consists of values associated with the departure from nucleate boiling ratio during a reactor coolant pump locked rotor event analyses for Donald C. Cook Nuclear Plant, Units 1 and 2.
Subsequently, by letter dated November 13, 2002, you stated that portions of the information originally designated as proprietary in both the June 5 and September 20, 2002, letters should not have been so designated, and as such, you submitted a corrected Attachment 4 to the June 5, 2002, letter and a corrected Attachment 3 to the September 20, 2002, letter. The November 13, 2002, letter also contained an affidavit dated November 8, 2002, executed by H. A. Sepp, Westinghouse, requesting that the values specified above, which are in the corrected Attachment 4 to the June 5, 2002, letter and the corrected Attachment 3 to the September 20, 2002, letter, be withheld from public disclosure pursuant to 10 CFR 2.790. The November 8, 2002, affidavit serves as the revised application for both the June 25 and September 20, 2002, letters.
The November 8, 2002, affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
The numerical values reveal information about the Westinghouse departure from nucleate boiling ratio during a reactor coolant pump locked rotor event analysis, where prevention of the use of these values without a license from Westinghouse constitutes a competitive economic advantage over other companies.
The application of the numerical values related to the departure from nucleate boiling ratio during a reactor coolant pump locked rotor analysis secures a competitive economic advantage over other companies.
C. Bakken The information, which if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, application, 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, information identified as proprietary in the corrected Attachment 4 to the June 5, 2002, letter and the corrected Attachment 3 to the September 20, 2002, letter 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 301-415-1345.
Sincerely,
/RA/
John F. Stang, Senior Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-315 and 50-316 cc: See next page
ML023180781 OFFICE PDIII-1/PM PDIII-1/LA OGC PDIII-1/SC NAME JStang RBouling for THarris RBaum KMcConnell for LRaghavan DATE 11/14/02 11/14/02 11/14/02 11/14/02
Donald C. Cook Nuclear Plant, Units 1 and 2 cc:
Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Attorney General Department of Attorney General 525 West Ottawa Street Lansing, MI 48913 Township Supervisor Lake Township Hall P.O. Box 818 Bridgman, MI 49106 U.S. Nuclear Regulatory Commission Resident Inspectors Office 7700 Red Arrow Highway Stevensville, MI 49127 David W. Jenkins, Esquire Indiana Michigan Power Company One Cook Place Bridgman, MI 49106 Mayor, City of Bridgman P.O. Box 366 Bridgman, MI 49106 Special Assistant to the Governor Room 1 - State Capitol Lansing, MI 48909 Drinking Water and Radiological Project Division Michigan Department of Environmental Quality 3423 N. Martin Luther King Jr. Blvd.
P. O. Box 30630, CPH Mailroom Lansing, MI 48909-8130 Scot A. Greenlee Director, Nuclear Technical Services Indiana Michigan Power Company Nuclear Generation Group 500 Circle Drive Buchanan, MI 49107 David A. Lochbaum Union of Concerned Scientists 1616 P Street NW, Suite 310 Washington, DC 20036-1495 Michael J. Finissi Plant Manager Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106 Joseph E. Pollock Site Vice President Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106