ML032230398
| ML032230398 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 08/08/2003 |
| From: | Ellen Brown NRC/NRR/DLPM/LPD2 |
| To: | Pellet S Holtec |
| Brown Eva, NRR/DLPM, 415-2315 | |
| References | |
| TAC MB6909, TAC MB6910 HI-2022931 | |
| Download: ML032230398 (4) | |
Text
August 8, 2003 Mr. Scott H. Pellet, Project Manager Holtec International 555 Lincoln Drive West Marlton, NJ 08053
SUBJECT:
HOLTEC INTERNATIONAL REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR TURKEY POINT UNITS 3 AND 4 (TAC NOS. MB6909 AND MB6910)
Dear Mr. Pellet:
By letter dated November 26, 2002, and affidavit dated November 11, 2002, as supplemented by the July 16, 2003, Holtec Request for Additional Information (RAI) response, Florida Power
& Light Company requested that Holtec Report HI-2022931, Spent Fuel Pool Storage Expansion at Turkey Point Nuclear Plant for Florida Power & Light, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790.
A nonproprietary version of Holtec Report HI-2022931, as supplemented, has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Publicly Available Records System (ADAMS PARS) library.
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 Holtecs competitors without license from Holtec International 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; c.
Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International; d.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
The NRC staff noted that Holtecs RAI response corrected sections of the Holtec Report HI-2022931 by clarifying the designation of information taken from a Lawrence Livermore National Laboratory Report as non-proprietary. The NRC staff has reviewed your application, the material, and the Holtec RAI response in accordance with the requirements of
S. Pellet 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 supplemented version of Holtec Report 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, 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, you may contact me at 301-415-2315.
Sincerely,
/RA/
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
ML OFFICE PDII-2/Intern PDII-2/PM PDII-2/LA OGC PDII-2/SC NAME MDudek EBrown BClayton DHassell AHowe DATE 7/30/03 7/31/03 7/30/03 8/6/03 8/8/03
Mr. Scott Pellet TURKEY POINT PLANT Holtec International cc:
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 M. S. Ross, Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. John P. McElwain, 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 T. O. Jones, 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. Don Mothena Manager, Nuclear Plant Support Services 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