ML032870394

Withholding from Public Disclosure, Calculation Number FC-6896-P, Secondary Calorimetric Uncertainty Analysis

ML032870394
Person / Time
Site:	Fort Calhoun
Issue date:	10/14/2003
From:	Wang A NRC/NRR/DLPM/LPD4
To:	Leibel T PL Integrated Services
Wang A, NRR/DLPM, 415-1445
References
TAC MC0029
Download: ML032870394 (4)

Text

October 14, 2003 Mr. Tim Leibel, Principal PL Integrated Services LLC 268 N. 115th Street, Suite 2 Omaha, NE 68154

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THE FORT CALHOUN STATION, UNIT 1 (TAC NO. MC0029)

Dear Mr. Leibel:

By letter dated August 28, 2003, Omaha Public Power District submitted an affidavit dated August 27, 2003, executed by you, requesting that information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

Calculation Number FC-6896-P, "Secondary Calorimetric Uncertainty Analysis" A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1. The information sought to be withheld from public disclosure is owned and has been held in confidence by PLIS. It consists of the information concerning the technical basis and implementation of a secondary calorimetric uncertainty analysis for the Fort Calhoun Station.

3. The information is of a type customarily held in confidence by PLIS and not customarily disclosed to the public.

6. a. A similar product or service is provided by competitors.

b. PLIS has invested substantial funds and engineering resources in the development of this information. A competitor would have to undergo similar expense in generating equivalent information.

c. The information consists of the technical basis and implementation of a secondary calorimetric uncertainty analysis for the Fort Calhoun Station, the application of which provides PLIS a competitive economic advantage. The availability of such information to competitors would enable them to design their product or service to better compete with PLIS, take marketing or

T. Leibel other actions to improve their products position or impair the position of PLIS product, and avoid developing similar technical analysis in support of their processes, methods or apparatus.

We have reviewed your application 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 and should be withheld from public disclosure.

Therefore, the document entitled, "Calculation Number FC-6896-P, Secondary Calorimetric Uncertainty Analysis," 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, I may be reached at 301-415-1445.

Sincerely,

/RA/

Alan Wang, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-285 cc: See next page

T. Leibel other actions to improve their products position or impair the position of PLIS product, and avoid developing similar technical analysis in support of their processes, methods or apparatus.

We have reviewed your application 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 and should be withheld from public disclosure.

Therefore, the document entitled, "Calculation Number FC-6896-P, Secondary Calorimetric Uncertainty Analysis," 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, I may be reached at 301-415-1445.

Sincerely,

/RA/

Alan Wang, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-285 DISTRIBUTION:

PUBLIC cc: See next page PDIV-2 Reading RidsNrrDlpmPdiv (HBerkow)

RidsNrrPMAWang RidsNrrLAEPeyton RidsOgcRp EMarinos ADAMS ACCESSION NO.: ML032870394 OFFICE PDIV-2/PM PDIV-2/LA EEIB OGC PDIV-2/SC NAME AWang EPeyton:esp HCG for JHeck SDembek EMarinos DATE 9/10/03 9/8/03 9/16/03 10/7/03 10/9/03 OFFICIAL RECORD COPY

Ft. Calhoun Station, Unit 1 cc:

Winston & Strawn Mr. Daniel K. McGhee ATTN: James R. Curtiss, Esq. Bureau of Radiological Health 1400 L Street, N.W. Iowa Department of Public Health Washington, DC 20005-3502 401 SW 7th Street, Suite D Des Moines, IA 50309 Chairman Washington County Board of Supervisors Mr. Richard P. Clemens P.O. Box 466 Division Manager - Nuclear Assessments Blair, NE 68008 Omaha Public Power District Fort Calhoun Station Mr. John Kramer, Resident Inspector P.O. Box 550 U.S. Nuclear Regulatory Commission Fort Calhoun, NE 68023-0550 P.O. Box 310 Fort Calhoun, NE 68023 Mr. R. T. Ridenoure Division Manager - Nuclear Operations Regional Administrator, Region IV Omaha Public Power District U.S. Nuclear Regulatory Commission Fort Calhoun Station FC-2-4 Adm.

611 Ryan Plaza Drive, Suite 400 Post Office Box 550 Arlington, TX 76011-4005 Fort Calhoun, Nebraska 68023-0550 Ms. Sue Semerera, Section Administrator Nebraska Health and Human Services Systems Division of Public Health Assurance Consumer Services Section 301 Cententiall Mall, South P.O. Box 95007 Lincoln, NE 68509-5007 Mr. David J. Bannister, Manager Fort Calhoun Station Omaha Public Power District Fort Calhoun Station FC-1-1 Plant P.O. Box 550 Fort Calhoun, NE 68023-0550 Mr. John B. Herman Manager - Nuclear Licensing Omaha Public Power District Fort Calhoun Station FC-2-4 Adm.

P.O. Box 550 Fort Calhoun, NE 68023-0550