ML031910002
| ML031910002 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 07/10/2003 |
| From: | Ellen Brown NRC/NRR/DLPM/LPD2 |
| To: | Pellet S Holtec |
| Brown Eva, NRR/DLPM, 415-2315 | |
| References | |
| TAC MB6909, TAC MB6910 | |
| Download: ML031910002 (4) | |
Text
July 10, 2003 Mr. Scott H. Pellet, Project Manager Holtec International 555 Lincoln Drive West Marlton, NJ 08053
SUBJECT:
TURKEY POINT PLANT UNITS 3 AND 4 - REQUEST FOR ADDITIONAL INFORMATION REGARDING REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NOS. MB6909 AND MB6910)
Dear Mr. Pellet:
By your application dated November 26, 2002 and your affidavit dated November 11, 2002, you submitted the Holtec Report HI-2022931, Spent Fuel Pool Storage Expansion at Turkey Point Nuclear Plant for Florida Power & Light, and requested that it be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790.
Section 2.790(b)(1)(ii) of 10 CFR Part 2 of the Commissions regulations requires that each supporting affidavit contain a full statement of the reasons on the basis of which it is claimed that the information should be withheld from public disclosure. The section further requires the statement to address with specificity the considerations listed in 10 CFR 2.790(b)(4).
Your affidavit has been reviewed in light of the aforementioned paragraphs of the regulations and the U.S. Nuclear Regulatory Commission (NRC) staff noted that information on page 6-24 of the Holtec Report HI-2022931, concerning a Lawrence Livermore National Laboratory Report (LLNL), was identified as proprietary even though it appears to not contain commercial information that would meet the criteria of information sought to be withheld from public disclosure as stated in 10 CFR 2.790.
Accordingly, consideration should be given to supplementing the present record with additional factual information. If such action is taken, it is suggested that you furnish specific factual information for your application indicating a detailed justification of why the information related to the LLNL report meets the criteria of 10 CFR 2.790.
In summary, we have determined that your affidavit is not in conformity with 10 CFR 2.790(b) of the Commissions regulations inasmuch as it fails to address the considerations of paragraph (b)(4) with sufficient specificity to enable us to make the required determination under 10 CFR 2.790(b). Consequently, we are unable to conclude at this time that the information referenced in the affidavit is proprietary.
S. H. Pellet In accordance with 10 CFR 2.790(c), the information sought to be withheld will be placed in the Commissions Public Document Room 30 days after your receipt of this letter unless you either seek to withdraw the information requested to be withheld or provide the NRC with an amended affidavit meeting the requirements of 10 CFR 2.790(b). If you request that the information be withdrawn, your request will be considered in light of applicable statutes and regulations and a determination made whether the documents will be withheld from public disclosure and returned to you.
Sincerely,
/RA by Brendan Moroney for/
Eva A. Brown, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251 cc: See next page
ML031910002 OFFICE PDII-2/Intern PDII-2/PM PDII-2/LA OGC PDII-2/SC NAME EBrown for MDudek EBrown BClayton DHassle AHowe DATE 6/18/03 6/18/03 6/18/03 6/30/03 7/7/03
Mr. S. H. Pellet TURKEY POINT PLANT Florida Power and Light Company cc:
M. S. Ross, Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 T. O. Jones, Site Vice President Turkey Point Nuclear Plant Florida Power and Light Company 9760 SW. 344th Street Florida City, FL 33035 County Manager Miami-Dade County 111 NW 1 Street, 29th Floor Miami, Florida 33128 Senior Resident Inspector Turkey Point Nuclear Plant U.S. Nuclear Regulatory Commission 9762 SW. 344th Street Florida City, Florida 33035 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Mr. Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304 Plant General Manager Turkey Point Nuclear Plant Florida Power and Light Company 9760 SW. 344th Street Florida City, FL 33035 Walter Parker Licensing Manager Turkey Point Nuclear Plant 9760 SW 344th Street Florida City, FL 33035 Mr. William Jefferson Vice President, Nuclear Operations Support P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Rajiv S. Kundalkar Vice President - Nuclear Engineering Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. J. A. Stall Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company P.O. Box 14000 Juno Beach, Florida 33408-0420