ML033280167

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International Request for Withholding Information from Public Disclosure for St. Lucie, Units 1 & 2
ML033280167
Person / Time
Site: Saint Lucie  NextEra Energy icon.png
Issue date: 11/21/2003
From: Moroney B
NRC/NRR/DLPM/LPD2
To: Pellet S
Holtec
Moroney B, NRR/DLPM, 415-3974
References
TAC MB6627, TAC MB6628
Download: ML033280167 (4)


Text

November 21, 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 SAINT LUCIE UNITS 1 AND 2 (TAC NOS. MB6627 AND MB6628)

Dear Mr. Pellet:

By Florida Power & Light Companys letter dated August 28, 2003, and your affidavit dated March 26, 2003, you requested that Holtec Report HI-2022882, Spent Fuel Storage Expansion at St. Lucie Units 1 and 2 for Florida Power & Light, Revision 2 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. By letter dated November 22, 2002, the U.S. Nuclear Regulatory Commission's (NRC) approved your request for withholding the previous version of this document from public disclosure.

A nonproprietary copy of this document has been placed in the NRC's 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:

a.

The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies; b.

The information, 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.

The information reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International; d.

The information discloses patentable subject matter for which it may be desirable to obtain patent protection.

S. Pellet 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 listed above and identified 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 301-415-3974.

Sincerely,

/RA/

Brendan T. Moroney, Project Manager, Section 2 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-335 and 50-389 cc: See next page

ML033280167 NRR-084 OFFICE PDII-2/PM PDII-2/NSIP PDII-2/LA OGC PDII-2/SC NAME BMoroney LMiller BClayton CMullins AHowe DATE 11/17/2003 11/17/2003 11/17/2003 11/20/2003 11/21/2003

Florida Power and Light Company ST. LUCIE PLANT 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 Senior Resident Inspector St. Lucie Plant U.S. Nuclear Regulatory Commission P.O. Box 6090 Jensen Beach, Florida 34957 Craig Fugate, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 M. S. Ross, Attorney Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Mr. Douglas Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741 Mr. William Jefferson, Jr.

Site Vice President St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957 Mr. G. L. Johnston Plant General Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957 Mr. Terry L. Patterson Licensing Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, Florida 34957 Vice President, Nuclear Operations Support 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 Mr. J. Kammel Radiological Emergency Planning Administrator Department of Public Safety 6000 SE. Tower Drive Stuart, Florida 34997