ML023530031
| ML023530031 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 12/20/2002 |
| From: | Stang J NRC/NRR/DLPM/LPD3 |
| To: | Bakken A Indiana Michigan Power Co |
| References | |
| TAC MB5498 | |
| Download: ML023530031 (4) | |
Text
December 20, 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 NO. MB5498)
Dear Mr. Bakken:
By letters dated October 17, November 15, and December 6, 2002, the Indiana Michigan Power Company (I&M) submitted affidavits dated October 17, 2002, November 15, 2002, and December 6, 2002, respectively. These affidavits were executed by J. E. Pollock, Site Vice President of the Donald C. Cook Nuclear Plant. I&M requested that certain information identified as proprietary in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790: to the October 17, 2002, letter to the November 15, 2002, letter to the December 6, 2002, letter Specifically, the information identified as proprietary consists of calculations and calculation methodology associated with evaluating uncertainties for measurement uncertainty recapture power uprates.
The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure. Public disclosure of the information is likely to cause harm to I&M because it would allow other companies in the nuclear industry to benefit from the results of a significant analysis program without requiring commensurate expense, allowing the I&M to recoup a portion of its expenditures, or benefit from the sale of the information as described below:
The uncertainty calculation methodology can easily be adapted to other nuclear plants evaluating measurement uncertainty recapture power uprates.
I&M may elect to recover a portion of the costs of this methodology development by making the information available to other utilities on a cost-sharing basis. Public disclosure of the information at this time would prevent implementation of this strategy.
A. Bakken 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 Attachment 1 to the October 17, 2002, letter, to the November 15, 2002, letter, and Attachment 1 to the December 6, 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
ML023530031 OFFICE PDIII-1/PM PDIII-1/LA OGC PDIII-1/SC NAME JStang THarris MPSiemien LRaghavan DATE 12/20/02 12/20/02 12/20/02 12/20/02
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