ML042440763
| ML042440763 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island |
| Issue date: | 09/01/2004 |
| From: | Mahesh Chawla NRC/NRR/ADRO/DORL/LPLIII-1 |
| To: | Solymossy J Nuclear Management Co |
| Chawla M, NRR/DLPM, 415-8371 | |
| References | |
| TAC MC1843, TAC MC1844 | |
| Download: ML042440763 (4) | |
Text
September 1, 2004 Mr. Joseph M. Solymossy Site Vice President Prairie Island Nuclear Generating Plant Nuclear Management Company, LLC 1717 Wakonade Drive East Welch, MN 55089
SUBJECT:
PRAIRIE ISLAND NUCLEAR GENERATING PLANT, UNITS 1 AND 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE BY NUCLEAR MANAGEMENT COMPANY (TAC NOS. MC1843 AND MC1844)
Dear Mr. Solymossy:
By letter dated January 20, 2004, Nuclear Management Company, LLC (NMC), submitted an affidavit, dated January 20, 2004, executed by you, requesting that the information contained in Exhibit G of the letter (Selective Scope Implementation of Alternative Source Term for Fuel Handling Accident Applied to Containment Technical Specifications dated January 20, 2004) be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(4)(a)
The information is considered company confidential and has been held in confidence by NMC.
(4)(b)
This information is of the type customarily held in confidence by NMC and the rationale basis is that it meets the requirements of 10 CFR 2.390(d)(1).
(4)(c)
This information is transmitted in confidence to the NRC and the purpose of this request is to maintain its confidentiality.
(4)(d)
These figures are not available from public sources.
(4)(e)
Public disclosure of the information sought to be withheld is likely to cause harm to NMCs competitive position within the meaning of 10 CFR 2.390(d)(1).
On February 13, 2004, certain revisions of the NRCs regulations went into effect that renumbered 10 CFR 2.790 as 10 CFR 2.390. 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.
J. Solymossy 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 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 L. Chawla, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-282 and 50-306 cc: See next page
J. Solymossy 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 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 L. Chawla, Project Manager, Section 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-282 and 50-306 cc:See next page DISTRIBUTION PUBLIC PDIII-1 Reading LRaghavan PLouden, RGN-III MChawla THarris RDennig ADAMS Accession NO.: ML042440763 OFFICE PDIII-1/PM PDIII-1/LA SC:SPSB PDIII-1/SC NAME MChawla THarris RDennig LRaghavan DATE 09/01/04 09/01/04 09/01/04 09/01/04 OFFICIAL RECORD COPY
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 November 2003