ML041940460
| ML041940460 | |
| Person / Time | |
|---|---|
| Site: | Hope Creek  (NPF-057) |
| Issue date: | 08/05/2004 |
| From: | Dan Collins NRC/NRR/DLPM/LPD1 |
| To: | Stramback G General Electric Co |
| Collins D, NRR/DLPM, 415-1427 | |
| References | |
| TAC MC1682 | |
| Download: ML041940460 (4) | |
Text
August 5, 2004 Mr. George B. Stramback Manager, Regulatory Services General Electric Company 175 Curtner Avenue San Jose, CA 95125
SUBJECT:
GE NUCLEAR ENERGY AND PSEG NUCLEAR, LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR HOPE CREEK GENERATING STATION (TAC MC1682)
Dear Mr. Stramback:
By letter dated June 8, 2004, PSEG Nuclear, LLC (PSEG) submitted a response to a Nuclear Regulatory Commission (NRC) request for additional information (RAI) related to PSEGs planned use of GE-14 fuel at Hope Creek Generating Station (Hope Creek). That RAI response included information that was designated as being proprietary to General Electric Nuclear Energy (GE). The PSEG June 8, 2004, letter included an affidavit that you executed on May 28, 2004, which requested that information contained in Attachment 2 to GE letter GE-KT29698-029, E.G. Thacker (GE) to D.V. Notigan (PSEG), GE Response to RAIs 1 and 2, dated May 28, 2004, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 390.
A nonproprietary copy of the PSEG June 8, 2004, letter has been placed in the NRCs Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
During the staffs review, it was identified that the document named in the May 28, 2004 affidavit is not the same as the docketed attachment that actually contained the information that is designated as being proprietary. Although the PSEG cover letter stated that the information in the May 28 affidavit was faithfully reproduced, the staff determined that it is necessary for the affidavit to directly identify the document containing information sought to be withheld. By letter dated July 1, 2004, you submitted a revised affidavit that you executed on July 1, 2004, requesting that the following document be withheld from public disclosure pursuant to 10 CFR 2.390: to PSEG letter LR-N04-0251, Michael H. Brothers (PSEG) to the NRC, RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION REQUEST FOR CHANGE TO TECHNICAL SPECIFICATIONS FUEL VENDOR CHANGE HOPE CREEK GENERATING STATION FACILITY OPERATING LICENSE NPF-57 DOCKET NO. 50-354, dated June 8, 2004.
G. Stramback The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(1)
This information is of the type typically held in confidence by GE, and is in fact so held.
(2)
The information is being transmitted to the NRC in confidence (3)
The information has not been publically disclosed, nor is it available in public sources (4)
The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEs competitors constitutes a competitive economic advantage over other companies.
(5)
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.
(6)
Public disclosure of this information would cause GE to lose its competitive advantage if its competitors were able to use the results to normalize or verify their own process or if they were able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
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 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 2.390(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.
G. Stramback If you have any questions regarding this matter, I may be reached at 301-415-1427.
Sincerely,
/RA/
Daniel S. Collins, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-354 cc: See next page
Hope Creek Generating Station cc:
Mr. John T. Carlin Vice President - Nuclear Assessment PSEG Nuclear - N10 P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. David F. Garchow Vice President - Engineering/Technical Support PSEG Nuclear - N28 P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. Michael Brothers Vice President - Site Operations PSEG Nuclear - N10 P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. James A. Hutton Plant Manager PSEG Nuclear - X15 P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. Steven Mannon Acting Manager - Nuclear Safety and Licensing PSEG Nuclear - N21 P.O. Box 236 Hancocks Bridge, NJ 08038 Jeffrie J. Keenan, Esquire PSEG Nuclear - N21 P.O. Box 236 Hancocks Bridge, NJ 08038 Ms. R. A. Kankus Joint Owner Affairs Exelon Generation Company, LLC Nuclear Group Headquarters KSA1-E 200 Exelon Way Kennett Square, PA 19348 Lower Alloways Creek Township c/o Mary O. Henderson, Clerk Municipal Building, P.O. Box 157 Hancocks Bridge, NJ 08038 Dr. Jill Lipoti, Asst. Director Radiation Protection Programs NJ Department of Environmental Protection and Energy CN 415 Trenton, NJ 08625-0415 Brian Beam Board of Public Utilities 2 Gateway Center, Tenth Floor Newark, NJ 07102 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Senior Resident Inspector Hope Creek Generating Station U.S. Nuclear Regulatory Commission Drawer 0509 Hancocks Bridge, NJ 08038
ML041940460 OFFICE PDI-2/PE PDI-2/PM PDI-2/LA SRXB-A PDI-2/SC NAME GMiller DCollins CRaynor FAkstulwicz JClifford DATE 7/29/04 8/3/04 7/29/04 8/3/04 8/4/04