ML032230402
| ML032230402 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 09/08/2003 |
| From: | Hopkins J NRC/NRR/DLPM/LPD3 |
| To: | Myers L FirstEnergy Nuclear Operating Co |
| References | |
| Download: ML032230402 (4) | |
Text
September 8, 2003 Mr. Lew W. Myers Chief Operating Officer FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station 5501 North State Route 2 Oak Harbor, OH 43449-9760
SUBJECT:
DAVIS-BESSE NUCLEAR POWER PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
Dear Mr. Myers:
By letter from FirstEnergy dated July 23, 2003, and BWX Technologies, Inc. affidavit, executed by Douglas L. Garlock, dated June 5, 2003, the following proprietary document was submitted:
Davis-Besse Nuclear Power Station Unit No. 1 Welding Data Sheets For Reactor Vessel Closure Head; Weld Data Sheet No. WH-13, Revision No. 1, Weld Data Sheet No.
WH-25, Revision No. 1, Weld Data Sheet No. WH-8, Alt. 1, Revision No. 3, Weld Data Sheet No. WH-8, Revision No. 0, and Weld Data Sheet No. WH-1, Revision No. 0.
BWX Technologies, Inc. requested that the proprietary information be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790.
BWX Technologies, Inc. stated that the information should be considered exempt from mandatory public disclosure for the following reasons:
The Information constitutes trade secrets and business sensitive information.
Revealing the information to the public would likely cause harm to the competitive position of the licensees when bidding for contracts that implicate aforesaid proprietary information.
We have reviewed your submittal and the material in accordance with the requirements of 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. Therefore, the information marked as proprietary in your submittal of July 23, 2003, 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 document. 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.
L. Myers 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 Nuclear Regulatory Commission (NRC). You should also 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 needs additional information from you or 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 301-415-3027.
Sincerely,
/RA/
Jon B. Hopkins, Senior Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-346 cc: See next page
L. Myers 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 Nuclear Regulatory Commission (NRC). You should also 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 needs additional information from you or 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 301-415-3027.
Sincerely,
/RA/
Jon B. Hopkins, Senior Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-346 cc: See next page Distribution PUBLIC PDIII-2 Reading WRuland AMendiola THarris JHopkins OGC GGrant, RIII ADAMS Accession Number: ML032230402 OFFICE PM:PDIII-2 LA:PDIII-2 OGC SC:PDIII-2 NAME JHopkins THarris DHassell AMendiola DATE 09/04/03 08/13/03 09/03/03 09/08/03 OFFICIAL RECORD COPY
Davis-Besse Nuclear Power Station, Unit 1 cc:
Mary E. OReilly Carol OClaire, Chief, Radiological Branch FirstEnergy Corporation Ohio Emergency Management Agency 76 South Main St. 2855 West Dublin Granville Road Akron, OH 44308 Columbus, OH 43235-2206 Manager - Regulatory Affairs Zack A. Clayton FirstEnergy Nuclear Operating Company DERR Davis-Besse Nuclear Power Station Ohio Environmental Protection Agency 5501 North State - Route 2 P.O. Box 1049 Oak Harbor, OH 43449-9760 Columbus, OH 43266-0149 Director, Ohio Department of Commerce State of Ohio Division of Industrial Compliance Public Utilities Commission Bureau of Operations & Maintenance 180 East Broad Street 6606 Tussing Road Columbus, OH 43266-0573 P.O. Box 4009 Reynoldsburg, OH 43068-9009 Attorney General Department of Attorney General Regional Administrator 30 East Broad Street U.S. Nuclear Regulatory Commission Columbus, OH 43216 801 Warrenville Road Lisle, IL 60523-4351 President, Board of County Commissioners of Ottawa County Michael A. Schoppman Port Clinton, OH 43252 Framatome ANP 1911 N. Ft. Myer Drive President, Board of County Rosslyn, VA 22209 Commissioners of Lucas County One Government Center, Suite 800 Resident Inspector Toledo, OH 43604-6506 U.S. Nuclear Regulatory Commission 5503 North State Route 2 David Lochbaum, Nuclear Safety Engineer Oak Harbor, OH 43449-9760 Union of Concerned Scientists 1707 H Street NW, Suite 600 Randel J. Fast, Plant Manager Washington, DC 20006 FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station The Honorable Dennis J. Kucinich 5501 North State - Route 2 United States House of Representatives Oak Harbor, OH 43449-9760 Washington, D.C. 20515 Dennis Clum The Honorable Dennis J. Kucinich, Member Radiological Assistance Section Supervisor United States House of Representatives Bureau of Radiation Protection 14400 Detroit Avenue Ohio Department of Health Lakewood, OH 44107 P.O. Box 118 Columbus, OH 43266-0118