ML041380172
| ML041380172 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 05/20/2004 |
| From: | Mahesh Chawla NRC/NRR/DLPM/LPD3 |
| To: | Weinkam E Nuclear Management Co |
| Chawla M, NRR/.DLPM, 415-8371 | |
| References | |
| Download: ML041380172 (4) | |
Text
May 20, 2004 Mr. Edward J. Weinkam Director, Regulatory Services Nuclear Management Company LLC 700 First Street Hudson, WI 54016
SUBJECT:
NUCLEAR MANAGEMENT COMPANY, LLC - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE AND CLOSED MEETING WITH THE NUCLEAR REGULATORY COMMISSION TO DISCUSS REFUELING PLANS BY NUCLEAR MANAGEMENT COMPANY, LLC (TAC NOS. MC3063 AND MC3064)
Dear Mr. Weinkam:
On March 22, 2004, the Nuclear Management Company, LLC (NMC), submitted a letter and an affidavit, executed by Lyle H. Bohn, requesting a closed meeting with the Nuclear Regulatory Commission (NRC) staff at which proprietary information would be discussed. As a result of discussions with the NRC staff, by letter dated April 30, 2004, NMC submitted a revised affidavit executed by Lyle H. Bohn. NMC requested that some of the information contained in the slides to be presented at the meeting, be withheld from public disclosure pursuant to 10 CFR 2.390.
By letter dated May 7, 2004, NMC noted that some of the information in one of the non-proprietary slides that was sent with the April 30, 2004, letter, was considered proprietary.
The May 7, 2004, letter contained a new set of combined non-proprietary and proprietary slides (ADAMS Accession No. ML041350103).
A non-proprietary version of these slides has been placed in the NRCs Public Document Room and added to the Agency wide Documents Access and Management System Public Electronic Reading Room (ADAMS Accession No. ML041380378).
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
The information is privileged and of a type customarily held in confidence by NMC
The information will be presented to the NRC by NMC in confidence
The information is not available in public sources
Public disclosure of the information is likely to cause substantial financial harm to the competitive position of NMC We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted E. Weinkman information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(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 301-415-8371.
Sincerely,
/RA/
Mahesh Chawla, Project Manager,Section I Project Directorate 3 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-282 and 50-306 cc: See next page
ML041380172 OFFICE PDIII-1/PM PDIII-1/LA SRXB/A:SC OGC PDIII-1/SC NAME MChawla BAC for:
THarris Fakstulewicz TRothchild-NLO LRaghavan DATE 05/19/04 05/19/04 05/ 20 /04 05/19 /04 05/20/04
Prairie Island Nuclear Generating Plant, Units 1 and 2 cc:
Jonathan Rogoff, Esquire Vice President, Counsel & Secretary Nuclear Management Company, LLC 700 First Street Hudson, WI 54016 Manager, Regulatory Affairs Prairie Island Nuclear Generating Plant Nuclear Management Company, LLC 1717 Wakonade Drive East Welch, MN 55089 Manager - Environmental Protection Division Minnesota Attorney Generals Office 445 Minnesota St., Suite 900 St. Paul, MN 55101-2127 U.S. Nuclear Regulatory Commission Resident Inspector's Office 1719 Wakonade Drive East Welch, MN 55089-9642 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Administrator Goodhue County Courthouse Box 408 Red Wing, MN 55066-0408 Commissioner Minnesota Department of Commerce 121 Seventh Place East Suite 200 St. Paul, MN 55101-2145 Tribal Council Prairie Island Indian Community ATTN: Environmental Department 5636 Sturgeon Lake Road Welch, MN 55089 Nuclear Asset Manager Xcel Energy, Inc.
414 Nicollet Mall, R.S. 8 Minneapolis, MN 55401 John Paul Cowan Executive Vice President & Chief Nuclear Officer Nuclear Management Company, LLC 700 First Street Hudson, WI 54016 Craig G. Anderson Senior Vice President, Group Operations Nuclear Management Company, LLC 700 First Street Hudson, WI 54016 Mr. Joseph M. Solymossy Site Vice President Prairie Island Nuclear Generating Plant Nuclear Management Company, LLC 1717 Wakonade Drive East Welch, MN 55089 November 2003