ML042990384

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Request for Withholding Information from Public Disclosure
ML042990384
Person / Time
Site: Fermi DTE Energy icon.png
Issue date: 10/28/2004
From: David Beaulieu
NRC/NRR/DLPM/LPD3
To: Harding M
Global Nuclear Fuel - Americas
Beaulieu, David, NRR/DLPM, 415-3243
References
TAC MC4748
Download: ML042990384 (4)


Text

October 28, 2004 Ms. Margaret E. Harding, Manager Fuel Engineering Services Global Nuclear Fuel - Americas, L.L.C.

Post Office Box 780 Wilmington, NC 28402

SUBJECT:

FERMI 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MC4748)

Dear Ms. Harding:

By letter dated October 7, 2004, the Detroit Edison Company submitted an affidavit signed by you dated September 23, 2004, in which you requested that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Additional Information Regarding the Cycle Specific SLMCPR for Fermi 2, Cycle 11, dated September 22, 2004.

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 System Public Electronic Reading Room.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over other companies;
b. Information which, 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; 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.

M. Harding 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 301-415-3243.

Sincerely,

/RA/

David P. Beaulieu, Project Manager,Section I Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-341 cc: See next page

ML042990384 OFFICE PDIII-1/PM PDIII-1/LA SRXB/SC PDIII-1/SC NAME DBeaulieu THarris FAkstulewicz LRaghavan DATE 10/27/2004 10/27/2004 10/27/2004 10/28/2004 Fermi 2 cc:

Mr. Peter Marquardt Legal Department 688 WCB Detroit Edison Company 2000 2nd Avenue Detroit, MI 48226-1279 Michigan Department of Environmental Quality Waste and Hazardous Materials Division Hazardous Waste and Radiological Protection Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street P.O. Box 30241 Lansing, MI 48909-7741 U.S. Nuclear Regulatory Commission Resident Inspector's Office 6450 W. Dixie Highway Newport, MI 48166 Monroe County Emergency Management Division 963 South Raisinville Monroe, MI 48161 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4351 Norman K. Peterson Director, Nuclear Licensing Detroit Edison Company Fermi 2 - 280 TAC 6400 North Dixie Highway Newport, MI 48166 Mr. William T. OConnor, Jr.

Vice President - Nuclear Generation Detroit Edison Company 6400 North Dixie Highway Newport, MI 48166 December 2002