ML042670066

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PSEG Nuclear LLC, Request for Withholding Information from Public Disclosure for Hope Creek Generating Station
ML042670066
Person / Time
Site: Hope Creek PSEG icon.png
Issue date: 11/18/2004
From: Dan Collins
NRC/NRR/DLPM/LPD1
To: Bakken A
Public Service Enterprise Group
Collins D S, NRR/DLPM, 415-1427
References
TAC MC3093
Download: ML042670066 (4)


Text

1Note: As of the date of issuance of this letter, public access to ADAMS has been temporarily suspended so that security reviews of publicly available documents may be performed and potentially sensitive information removed. Please check the NRC Web site for updates on the resumption of ADAMS access.

November 18, 2004 Mr. A. Christopher Bakken, III President & Chief Nuclear Officer PSEG Nuclear LLC - X15 Post Office Box 236 Hancocks Bridge, NJ 08038

SUBJECT:

PSEG NUCLEAR LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR HOPE CREEK GENERATING STATION (TAC NO. MC3093)

Dear Mr. Bakken:

By letter dated September 9, 2004, PSEG Nuclear, LLC submitted an affidavit dated September 1, 2004, executed by Mr. Jens G. M. Andersen, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390:

Responses to DRAFT REQUEST FOR ADDITIONAL INFORMATION BY THE OFFICE OF NUCLEAR REACTOR REGULATION RELATING TO REQUESTED AMENDMENT TO LICENSE NO. NPF-57 PSEG NUCLEAR LLC COMPANY HOPE CREEK GENERATING STATION DOCKET NO. 50-254 A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System1 Public Electronic Reading Room.

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 Global Nuclear Fuel - Americas, L.L.C. (GNF-A), 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.

A. (4)

The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-As competitors without license from GNF-A 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 GNF-A 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 should also 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 301-415-1427.

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. A. Christopher Bakken, III Senior Vice President - Site Operations PSEG Nuclear - X15 P.O. Box 236 Hancocks Bridge, NJ 08038 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 - Eng/Tech Support PSEG Nuclear - N28 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 Ms. Christina L. Perino Director - 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

ML042670066 OFFICE PDI-2/PE PDI-2/PM PDI-2/LA SRXB-A PDI-2/SC NAME GMiller DCollins CRaynor FAkstulwicz Rlaufer for JClifford DATE 11/10/04 11/17/04 11/10/04 11/17/04 11/17/04