ML023540035

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Request for Withholding Information from Public Disclosure
ML023540035
Person / Time
Site: Pilgrim
Issue date: 12/20/2002
From: Travis Tate
NRC/NRR/DLPM/LPD1
To: Robare D
General Electric Co
Tate T, NRR/DLPM, 415-8474
References
TAC MB5603
Download: ML023540035 (4)


Text

December 20, 2002 Mr. David J. Robare General Electric Company Technical Projects Manager 175 Curtner Avenue San Jose, CA 95125

SUBJECT:

GENERAL ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, PILGRIM NUCLEAR POWER STATION (TAC NO. MB5603)

Dear Mr. Robare:

By letter dated July 5, 2002, and supplements dated September 27, November 6 and November 21, 2002, Entergy Nuclear Operations, Inc. submitted an application for a 1.5 percent power uprate for the Pilgrim Nuclear Power Station (Pilgrim). The November 6, 2002, supplement contained an affidavit executed by you on October 10, 2002, requesting that the U.S. Nuclear Regulatory Commission (NRC) staff withhold the following report from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.790:

NEDC-33050P, Rev. 1, Safety Analysis Report for Pilgrim Nuclear Power Station Thermal Power Optimization.

A nonproprietary copy of this document has been placed in the NRC Public Document Room and added to the Agencywide Documents Access and Management System's Public Electronic Reading Room (Accession No. ML023220147).

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

a.

Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electrics competitors without license from General Electrical constitutes a competitive economic advantage over other companies.

b.

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 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.

D. Robare 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 301-415-8474.

Sincerely,

/RA/

Travis L. Tate, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-293 cc: See next page

D. Robare 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 301-415-8474.

Sincerely,

/RA/

Travis L. Tate, Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-293 cc: See next page DISTRIBUTION:

PUBLIC PDI-2 R/F JClifford LCox TTate BPlatchek, RGN I MShuaibi OGC RTaylor RCaruso ADAMS Accession Number: ML023540035

  • See previous concurrence OFFICE PDI-2/DLPM* PDI-2/PM* PDI-2/LA(A)* SRXB/SC* OGC*

PDI-2/SC NAME RTaylor TTate LCox RCaruso RBaum VNerses for JClifford DATE 12/2/02 12/3/02 11/25/02 12/19/02 12/11/02 12/19/02 OFFICIAL RECORD COPY

Pilgrim Nuclear Power Station cc:

Resident Inspector U. S. Nuclear Regulatory Commission Pilgrim Nuclear Power Station Post Office Box 867 Plymouth, MA 02360 Chairman, Board of Selectmen 11 Lincoln Street Plymouth, MA 02360 Chairman, Duxbury Board of Selectmen Town Hall 878 Tremont Street Duxbury, MA 02332 Office of the Commissioner Massachusetts Department of Environmental Protection One Winter Street Boston, MA 02108 Office of the Attorney General One Ashburton Place 20th Floor Boston, MA 02108 Dr. Robert M. Hallisey, Director Radiation Control Program Commonwealth of Massachusetts Executive Offices of Health and Human Services 174 Portland Street Boston, MA 02114 Regional Administrator, Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 John M. Fulton Assistant General Counsel Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5599 Mr. Mike Bellamy Site Vice President Entergy Nuclear Operations, Inc.

Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360 Mr. C. Stephen Brennion Licensing Superintendent Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5599 Mr. Jack Alexander Manager, Reg. Relations and Quality Assurance Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5599 Mr. David F. Tarantino Nuclear Information Manager Pilgrim Nuclear Power Station 600 Rocky Hill Road Plymouth, MA 02360-5599 Ms. Jane Perlov Secretary of Public Safety Executive Office of Public Safety One Ashburton Place Boston, MA 02108 Mr. Stephen J. McGrail, Director Attn: James Muckerheide Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399 Chairman Nuclear Matters Committee Town Hall 11 Lincoln Street Plymouth, MA 02360

Pilgrim Nuclear Power Station cc:

Mr. William D. Meinert Nuclear Engineer Pilgrim Nuclear Power Station Massachusetts Municipal Wholesale Electric Company P.O. Box 426 Ludlow, MA 01056-0426