ML041380172

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Nuclear Management Company, LLC - Request for Withhodling Information from Public Disclosure and Closed Meeting with NRC to Discuss Refueling Plans by Nuclear Management Company
ML041380172
Person / Time
Site: Prairie Island  Xcel Energy icon.png
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 C The information will be presented to the NRC by NMC in confidence C The information is not available in public sources C 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: Fakstulewicz TRothchild-NLO LRaghavan THarris 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 Tribal Council Vice President, Counsel & Secretary Prairie Island Indian Community Nuclear Management Company, LLC ATTN: Environmental Department 700 First Street 5636 Sturgeon Lake Road Hudson, WI 54016 Welch, MN 55089 Manager, Regulatory Affairs Nuclear Asset Manager Prairie Island Nuclear Generating Plant Xcel Energy, Inc.

Nuclear Management Company, LLC 414 Nicollet Mall, R.S. 8 1717 Wakonade Drive East Minneapolis, MN 55401 Welch, MN 55089 John Paul Cowan Manager - Environmental Protection Division Executive Vice President & Chief Nuclear Minnesota Attorney Generals Office Officer 445 Minnesota St., Suite 900 Nuclear Management Company, LLC St. Paul, MN 55101-2127 700 First Street Hudson, WI 54016 U.S. Nuclear Regulatory Commission Resident Inspector's Office Craig G. Anderson 1719 Wakonade Drive East Senior Vice President, Group Operations Welch, MN 55089-9642 Nuclear Management Company, LLC 700 First Street Regional Administrator, Region III Hudson, WI 54016 U.S. Nuclear Regulatory Commission 801 Warrenville Road Mr. Joseph M. Solymossy Lisle, IL 60532-4351 Site Vice President Prairie Island Nuclear Generating Plant Administrator Nuclear Management Company, LLC Goodhue County Courthouse 1717 Wakonade Drive East Box 408 Welch, MN 55089 Red Wing, MN 55066-0408 Commissioner Minnesota Department of Commerce 121 Seventh Place East Suite 200 St. Paul, MN 55101-2145 November 2003