ML032110226
| ML032110226 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 07/30/2003 |
| From: | Thadani M NRC/NRR/DLPM/LPD4 |
| To: | Jordan T South Texas |
| Thadani A, NRR/DLPM, 415-1476 | |
| References | |
| TAC MB8435 | |
| Download: ML032110226 (5) | |
Text
July 30, 2003 Mr. Thomas J. Jordan Vice President, Engineering & Technical Services STP Nuclear Operating Company South Texas Project Electric Generating Station P. O. Box 289 Wadsworth, TX 77483
SUBJECT:
SOUTH TEXAS PROJECT, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE PER SECTION 2.790 OF TITLE 10 OF THE CODE OF FEDERAL REGULATIONS CONCERNING BOTTOM MOUNTED INSTRUMENTATION FORCED OUTAGE (TAC NO. MB8435)
Dear Mr. Jordan:
As part of the tasks concerning the Bottom Mounted Instrumentation Forced Outage, South Texas Project Nuclear Operating Company (STPNOC) submitted affidavits to the U. S. Nuclear Regulatory Commission (NRC) dated April 29, and June 2, 2003, executed by Mr. T. J. Jordan, Vice President, Engineering & Technical Services. The affidavits addressed the proprietary information related to the tasks concerning the Bottom Mounted Instrumentation Forced Outage, and requested that the information be withheld from public disclosure. The nonproprietary copies of the information have been placed in the NRCs Public Document Room and added to the Agencywide Documents Access and Management Systems Public Electronic Reading Room.
The affidavits stated that pursuant to the provisions of paragraph (b)(4) of Section 2.790 of Title 10 of the Code of Federal Regulations (10 CFR), the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(a)
The information sought to be withheld from public disclosure is owned by and has been withheld from the general public by STPNOC.
(b)
Information regarding the dates and durations of outages could have an adverse impact on the price paid for replacement power during the outage.
(c)
Information regarding the dates and durations of outages could have an adverse impact on the Owners' stock prices.
(d)
Information regarding the dates and durations of outages could have an adverse impact on the value of the South Texas Project and the bidding price for sale of Owner's shares of the South Texas Project.
Mr. T. Jordan July 30, 2003 The NRC staff has reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the versions 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.
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, the NRC staff may send copies of this information to consultants working in this area. In this event, the NRC staff will 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, STPNOC should promptly notify the NRC. STPNOC should also understand that the NRC may have cause to review this determination in the future, e.g., 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, please contact me at 301-415-1476.
Sincerely,
/RA/
Mohan C. Thadani. Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-498 cc: See next page
Mr. T. Jordan July 30, 2003 The NRC staff has reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the versions 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.
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, the NRC staff may send copies of this information to consultants working in this area. In this event, the NRC staff will 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, STPNOC should promptly notify the NRC. STPNOC should also understand that the NRC may have cause to review this determination in the future, e.g., 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, please contact me at 301-415-1476.
Sincerely,
/RA/
Mohan C. Thadani. Senior Project Manager, Section 1 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation DISTRIBUTION:
PUBLIC PDIV-1 r/f RidsNrrDlpmLpdiv (HBerkow)
RidsNrrDlpmLpdiv1 (RGramm)
RidsNrrPMMThadani RidsNrrPMBVaidya RidsNrrLAMMcAllister RidsRgn4MailCenter (BJohnson)
RidsOgcRp ACCESSION NO: ML032110226 NRR-084 OFFICE PDIV-1/ PM PDIV-1/ PM PDIV-1/ LA PDIV-1/SC OGC NAME BVaidya:sab MThadani MMcAllister TAlexion for RGramm RABaum DATE 07/17/03 07/17/03 07/17/03 07/25/03 07/5/03 OFFICIAL RECORD COPY
May 2003 South Texas, Unit 1 cc:
Mr. Cornelius F. OKeefe Senior Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 910 Bay City, TX 77414 A. Ramirez/C. M. Canady City of Austin Electric Utility Department 721 Barton Springs Road Austin, TX 78704 Mr. L. K. Blaylock Mr. W. C. Gunst City Public Service Board P. O. Box 1771 San Antonio, TX 78296 Mr. C. A. Johnson/A. C. Bakken AEP Texas Central Company P. O. Box 289 Mail Code: N5022 Wadsworth, TX 77483 INPO Records Center 700 Galleria Parkway Atlanta, GA 30339-3064 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 D. G. Tees/R. L. Balcom Texas Genco, LP P. O. Box 1700 Houston, TX 77251 Judge, Matagorda County Matagorda County Courthouse 1700 Seventh Street Bay City, TX 77414 A. H. Gutterman, Esq.
Morgan, Lewis & Bockius 1111 Pennsylvania Avenue, NW Washington, DC 20004 S. M. Head, Manager, Licensing Nuclear Quality & Licensing Department STP Nuclear Operating Company P. O. Box 289, Mail Code: N5014 Wadsworth, TX 77483 Environmental and Natural Resources Policy Director P. O. Box 12428 Austin, TX 78711-3189 Jon C. Wood Matthews & Branscomb 112 East Pecan, Suite 1100 San Antonio, TX 78205 Arthur C. Tate, Director Division of Compliance & Inspection Bureau of Radiation Control Texas Department of Health 1100 West 49th Street Austin, TX 78756 Brian Almon Public Utility Commission William B. Travis Building P. O. Box 13326 1701 North Congress Avenue Austin, TX 78701-3326 Susan M. Jablonski Office of Permitting, Remediation and Registration Texas Commission on Environmental Quality MC-122 P.O. Box 13087 Austin, TX 78711-3087
Mr. Terry Parks, Chief Inspector Texas Department of Licensing and Regulation Boiler Division P. O. Box 12157 Austin, TX 78711 Mr. Ted Enos 4200 South Hulen Suite 630 Ft. Worth, Texas 76109 Mr. James J. Sheppard President and Chief Executive Officer STP Nuclear Operating Company South Texas Project Electric Generating Station P. O. Box 289 Wadsworth, TX 77483