ML042440763

Withholding from Public Disclosure, Exhibit G of Letter (Selective Scope Implementation of Alternative Source Term for Fuel Handling Accident Applied to Containment Technical Specifications Dated January 20, 2004)

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 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 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 November 2003