ML033450017

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(TMI-1) - Request for Withholding Information from Public Disclosure
ML033450017
Person / Time
Site: Three Mile Island Constellation icon.png
Issue date: 01/07/2004
From: Skay D
NRC/NRR/DLPM/LPD1
To: Gallagher M
AmerGen Energy Co
Skay D, NRR/DLPM, 415-1322
References
TAC MC1201
Download: ML033450017 (6)


Text

January 7, 2004 Mr. Michael P. Gallagher, Director Licensing and Regulatory Affairs AmerGen Energy Company, LLC 200 Exelon Way Suite 345 Kennett Square, PA 19348

SUBJECT:

AMERGEN ENERGY COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THREE MILE ISLAND NUCLEAR STATION, UNIT 1 (TAC NO. MC1201)

Dear Mr. Gallagher:

By letters dated November 18 and 20, 2003, AmerGen Energy Company submitted affidavits dated November 18 and 20, 2003, executed by Gayle F. Elliott of Framatome ANP (FANP).

Framatome ANP requested that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:

  • Attachment 2 to the November 18, 2003, letter, Supplemental Information Concerning a Proposed Alternative Associated With the Use of a Weld Overlay, which is Figure 2 referenced in AmerGen letter 5928-03-20218, Proposed Alternative Associated with the Use of a Weld Overlay, and
  • Attachment 5 to the November 20, 2003, letter, Report No. SIR-03-155, Revision 0, Weld Overlay Design for the Hot Leg Nozzle to Surge Line Weld at Three Mile Island Unit 1, AmerGen Letter 5928-03-20234.

A nonproprietary copy of the November 20, 2003, document was submitted by letter dated November 25, 2003, and has been placed in the Nuclear Regulatory Commission's (NRC's)

Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.

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

1. [These] document[s] contain information of a proprietary and confidential nature and are of the type customarily held in confidence by FANP and not made available to the public.
2. [These] document[s] have been made available to the U.S. Nuclear Regulatory Commission in confidence.
3. [This] information is vital to a competitive advantage held by FANP, would be helpful to competitors to FANP, and would likely cause substantial harm to the competitive position of FANP.

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.

M. Gallagher Therefore, the version of the report titled Weld Overlay Design for the Hot Leg Nozzle to Surge Line Weld at Three Mile Island Unit 1, 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.

In addition, Attachment 2 to the November 18, 2003, letter, Supplemental Information Concerning a Proposed Alternative Associated With the Use of a Weld Overlay, which is Figure 2 to AmerGen letter 5928-03-20218, Proposed Alternative Associated with the Use of a Weld Overlay, 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 301-415-1322.

Sincerely,

/RA/

Donna Skay, Senior Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-289 cc: See next page

M. Gallagher Therefore, the version of the report titled Weld Overlay Design for the Hot Leg Nozzle to Surge Line Weld at Three Mile Island Unit 1, 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.

In addition, Attachment 2 to the November 18, 2003, letter, Supplemental Information Concerning a Proposed Alternative Associated With the Use of a Weld Overlay, which is Figure 2 to AmerGen letter 5928-03-20218, Proposed Alternative Associated with the Use of a Weld Overlay, 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 301-415-1322.

Sincerely,

/RA/

Donna Skay, Senior Project Manager, Section 1 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-289 cc: See next page DISTRIBUTION:

PUBLIC RLaufer PDI-1 R/F DSkay MOBrien CBixler, RI Accession Number: ML033450017 OFC LA/PDI-2 PM/PDI-1 SC/PDI-1 OGC NAME MOBrien DSkay RLaufer CMarco DATE 12/18/03 12/18/03 1/06/04 1/06/04 OFFICIAL RECORD COPY

Three Mile Island Nuclear Station, Unit 1 cc:

Site Vice President - Three Mile Island Nuclear U.S. Nuclear Regulatory Commission Station, Unit 1 P.O. Box 219 AmerGen Energy Company, LLC Middletown, PA 17057 P. O. Box 480 Middletown, PA 17057 Director - Licensing - MId-Atlantic Regional Operating Group Senior Vice President Nuclear Services AmerGen Energy Company, LLC AmerGen Energy Company, LLC Nuclear Group Headquarters 4300 Winfield Road Correspondence Control Warrenville, IL 60555 P.O. Box 160 Kennett Square, PA 19348 Vice President - Mid-Atlantic Operations Support AmerGen Energy Company, LLC Rich Janati, Chief 200 Exelon Way, KSA 3-N Division of Nuclear Safety Kennett Square, PA 19348 Bureau of Radiation Protection Department of Environmental Protection Senior Vice President - Rachel Carson State Office Building Mid Atlantic Regional Operating Group P.O. Box 8469 AmerGen Energy Company, LLC Harrisburg, PA 17105-8469 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Three Mile Island Nuclear Station, Unit 1 Plant Manager Vice President - AmerGen Energy Company, LLC Licensing and Regulatory Affairs P. O. Box 480 AmerGen Energy Company, LLC Middletown, PA 17057 4300 Winfield Road Warrenville, IL 60555 Regulatory Assurance Manager - Three Mile Island Nuclear Station, Unit 1 Regional Administrator AmerGen Energy Company, LLC Region I P.O. Box 480 U.S. Nuclear Regulatory Commission Middletown, PA 17057 475 Allendale Road King of Prussia, PA 19406 John F. Rogge, Region I U.S. Nuclear Regulatory Commission Chairman 475 Allendale Road Board of County Commissioners King of Prussia, PA 19406 of Dauphin County Dauphin County Courthouse Michael A. Schoppman Harrisburg, PA 17120 Framatome ANP Suite 705 Chairman 1911 North Ft. Myer Drive Board of Supervisors Rosslyn, VA 22209 of Londonderry Township R.D. #1, Geyers Church Road Middletown, PA 17057 Senior Resident Inspector (TMI-1)

Three Mile Island Nuclear Station, Unit 1 cc:

Mr. John L. Skolds, Chairman and Chief Executive Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Vice President, General Counsel and Secretary AmerGen Energy Company, LLC 2301 Market Street, S23-1 Philadelphia, PA 19101 Dr. Judith Johnsrud National Energy Committee Sierra Club 433 Orlando Avenue State College, PA 16803 Eric Epstein TMI Alert 4100 Hillsdale Road Harrisburg, PA 17112 Correspondence Control Desk AmerGen Energy Company, LLC 200 Exelon Way, KSA 1-N Kennett Square, PA 19348 Manager Licensing - Oyster Creek and Three Mile Island AmerGen Energy Company, LLC Nuclear Group Headquarters Correspondence Control P.O. Box 160 Kennett Square, PA 19348