ML023530031

DC Cook, Units 1 and 2 - Letter Regarding Request for Withholding Information from Public Disclosure

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:

Attachment 1 to the October 17, 2002, letter Attachment 2 to the November 15, 2002, letter Attachment 1 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 Drinking Water and Radiological U.S. Nuclear Regulatory Commission Project Division 801 Warrenville Road Michigan Department of Lisle, IL 60532-4351 Environmental Quality 3423 N. Martin Luther King Jr. Blvd.

Attorney General P. O. Box 30630, CPH Mailroom Department of Attorney General Lansing, MI 48909-8130 525 West Ottawa Street Lansing, MI 48913 Scot A. Greenlee Director, Nuclear Technical Services Township Supervisor Indiana Michigan Power Company Lake Township Hall Nuclear Generation Group P.O. Box 818 500 Circle Drive Bridgman, MI 49106 Buchanan, MI 49107 U.S. Nuclear Regulatory Commission David A. Lochbaum Resident Inspectors Office Union of Concerned Scientists 7700 Red Arrow Highway 1616 P Street NW, Suite 310 Stevensville, MI 49127 Washington, DC 20036-1495 David W. Jenkins, Esquire Michael J. Finissi Indiana Michigan Power Company Plant Manager One Cook Place Indiana Michigan Power Company Bridgman, MI 49106 Nuclear Generation Group One Cook Place Mayor, City of Bridgman Bridgman, MI 49106 P.O. Box 366 Bridgman, MI 49106 Joseph E. Pollock Site Vice President Special Assistant to the Governor Indiana Michigan Power Company Room 1 - State Capitol Nuclear Generation Group Lansing, MI 48909 One Cook Place Bridgman, MI 49106