ML031210204

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

ML031210204
Person / Time
Site:	Cook
Issue date:	04/30/2003
From:	Stang J NRC/NRR/DLPM/LPD3
To:	Bakken A Indiana & Michigan Electric Co
Stang J
References
TAC MB6751
Download: ML031210204 (5)

Text

April 30, 2003 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. MB6751)

Dear Mr. Bakken:

By letter dated February 24, 2003, the Indiana Michigan Power Company (I&M) submitted an affidavit dated February 24, 2003. The affidavit was 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.

The licensee identified the entire Attachment 1 to the February 24, 2003, letter as proprietary. consists of calculations and calculation methodology associated with evaluating uncertainties for measurement uncertainty recapture power uprates.

The affidavit 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 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.

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 certain information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. However, we have determined that the first nine pages of Attachment 1 do not contain proprietary commercial information which could be withheld from public disclosure pursuant to 10 CFR 2.790. These first nine pages consist of calculation change sheets, a table of contents, and a list of effective pages. Therefore, the remainder of the pages contained in 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.

A. Bakken 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

ML031210204 OFFICE PDIII-1/PM PDIII-1/LA OGC PDIII-1/SC NAME JStang THarris DHassell LRaghavan

/RA/ RBouling DATE 04/30/03 04/30/03 04/30/03 04/30/03 Donald C. Cook Nuclear Plant, Units 1 and 2 cc:

Regional Administrator, Region III Michigan Department of Environmental Quality U.S. Nuclear Regulatory Commission Waste and Hazardous Materials Division 801 Warrenville Road Hazardous Waste and Radiological Lisle, IL 60532-4351 Protection Section Nuclear Facilities Unit Attorney General Constitution Hall, Lower-Level North Department of Attorney General 525 West Allegan Street 525 West Ottawa Street P.O. Box 30241 Lansing, MI 48913 Lansing, MI 48909-7741 Township Supervisor Scot A. Greenlee Lake Township Hall Director, Nuclear Technical Services P.O. Box 818 Indiana Michigan Power Company Bridgman, MI 49106 Nuclear Generation Group 500 Circle Drive U.S. Nuclear Regulatory Commission Buchanan, MI 49107 Resident Inspectors Office 7700 Red Arrow Highway David A. Lochbaum Stevensville, MI 49127 Union of Concerned Scientists 1616 P Street NW, Suite 310 David W. Jenkins, Esquire Washington, DC 20036-1495 Indiana Michigan Power Company One Cook Place Michael J. Finissi Bridgman, MI 49106 Plant Manager Indiana Michigan Power Company Mayor, City of Bridgman Nuclear Generation Group P.O. Box 366 One Cook Place Bridgman, MI 49106 Bridgman, MI 49106 Special Assistant to the Governor Joseph E. Pollock Room 1 - State Capitol Site Vice President Lansing, MI 48909 Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106