ML031910002

Request for Additional Information Regarding Request for Withholding Information from Public Disclosure

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- PDII-2/LA OGC PDII-2/SC 2/PM 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 Attorney General Florida Power & Light Company Department of Legal Affairs P.O. Box 14000 The Capitol Juno Beach, FL 33408-0420 Tallahassee, Florida 32304 T. O. Jones, Site Vice President Plant General Manager Turkey Point Nuclear Plant Turkey Point Nuclear Plant Florida Power and Light Company Florida Power and Light Company 9760 SW. 344th Street 9760 SW. 344th Street Florida City, FL 33035 Florida City, FL 33035 County Manager Walter Parker Miami-Dade County Licensing Manager 111 NW 1 Street, 29th Floor Turkey Point Nuclear Plant Miami, Florida 33128 9760 SW 344th Street Florida City, FL 33035 Senior Resident Inspector Turkey Point Nuclear Plant Mr. William Jefferson U.S. Nuclear Regulatory Commission Vice President, Nuclear Operations Support 9762 SW. 344th Street P.O. Box 14000 Florida City, Florida 33035 Juno Beach, FL 33408-0420 Mr. William A. Passetti, Chief Mr. Rajiv S. Kundalkar Department of Health Vice President - Nuclear Engineering Bureau of Radiation Control Florida Power & Light Company 2020 Capital Circle, SE, Bin #C21 P.O. Box 14000 Tallahassee, Florida 32399-1741 Juno Beach, FL 33408-0420 Mr. Craig Fugate, Director Mr. J. A. Stall Division of Emergency Preparedness Senior Vice President, Nuclear and Department of Community Affairs Chief Nuclear Officer 2740 Centerview Drive Florida Power and Light Company Tallahassee, Florida 32399-2100 P.O. Box 14000 Juno Beach, Florida 33408-0420