ML033460341

Request for Withholding Information from Public Disclosure

ML033460341
Person / Time
Site:	Nine Mile Point
Issue date:	12/12/2003
From:	Tam P NRC/NRR/DLPM/LPD1
To:	Katz P Nine Mile Point
Tam P NRR/415-1451
References
TAC MC1370
Download: ML033460341 (4)

Text

December 12, 2003 Mr. Peter E. Katz Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093

SUBJECT:

NINE MILE POINT NUCLEAR STATION, UNIT NO. 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO.

MC1370)

Dear Mr. Katz:

By your application dated November 20, 2003, and affidavit dated October 3, 2003, executed by Ms. Margaret E. Harding of Global Nuclear Fuel - Americas, LLC (GNF-A), you submitted License Amendment Request: Revised Safety Limit Minimum Critical Power Ratio [SLMCPR]

in Technical Specification 2.1.1.2, and requested that Attachment 4, Additional Information Regarding the Cycle Specific SLMCPR for Nine Mile Point Unit 2 Cycle 10, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. A non-proprietary copy of this document (Attachment 6) was also submitted and 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:

(i) The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-As competitors without license from GNF-A constitutes a competitive economic advantage over other companies; (ii) The 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.

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, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version of the submitted information 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

P. Katz 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 301-415-1451.

Sincerely,

\RA\

Peter S. Tam, Senior Project Manager, Section 1 Project Directorate l Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-410 cc: See next page

P. Katz 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 301-415-1451.

Sincerely,

\RA\

Peter S. Tam, Senior Project Manager, Section 1 Project Directorate l Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-410 cc: See next page DISTRIBUTION:

PUBLIC S. Little C. Bixler, RGI PDI-1 Reading File R. Laufer P. Tam OGC C. Holden Accession Number: ML0 OFFICE PDI-1\PM PDI-1\LA OGC SRXB\SC PCI-1/SC NAME PTam SLittle BSmith FAkstulewicz RLaufer DATE 12/10/03 12/10/03 12/10/03 12/12/03 12/12/03 OFFICIAL RECORD COPY

Nine Mile Point Nuclear Station, Unit No. 2 cc:

Regional Administrator, Region I Mr. Michael J. Wallace U. S. Nuclear Regulatory Commission President 475 Allendale Road Nine Mile Point Nuclear Station, LLC King of Prussia, PA 19406 c/o Constellation Energy Group 750 East Pratt Street Resident Inspector Baltimore, MD 21202 Nine Mile Point Nuclear Station P.O. Box 126 James M. Petro, Jr., Esquire Lycoming, NY 13093 Counsel Constellation Energy Group, Inc.

Mr. James R. Evans 750 East Pratt Street, 5th Floor LIPA Baltimore, MD 21202 P.O. Box 129 Lycoming, NY 10393 Mr. Peter R. Smith, Acting President New York State Energy, Research, Supervisor and Development Authority Town of Scriba 17 Columbia Circle Route 8, Box 382 Albany, NY 12203-6399 Oswego, NY 13126 Mr. Paul D. Eddy Electric Division NYS Department of Public Service Agency Building 3 Empire State Plaza Albany, NY 12223 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 C. Adrienne Rhodes Chairman and Executive Director State Consumer Protection Board 5 Empire State Plaza, Suite 2101 Albany, NY 12223-1556 Mark J. Wetterhahn, Esquire Winston & Strawn 1400 L Street, NW.

Washington, DC 20005-3502