ML043490667
| ML043490667 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 01/07/2005 |
| From: | Macon W NRC/NRR/DLPM/LPD3 |
| To: | Andersen J Global Nuclear Fuel |
| Macon W, NRR/DLPM,415-3965 | |
| References | |
| TAC MC2599 | |
| Download: ML043490667 (6) | |
Text
January 7, 2005 Mr. Jens G. M. Andersen Fuel Engineering Services Global Nuclear Fuel - Americas, LLC P.O. Box 780 Wilmington, NC 28402
SUBJECT:
FIRSTENERGY NUCLEAR OPERATING COMPANY - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PERRY NUCLEAR POWER PLANT UNIT 1 (TAC NO. MC2599)
Dear Mr. Andersen:
By letter to the U.S. Nuclear Regulatory Commission (NRC) dated December 6, 2004, FirstEnergy Nuclear Operating Company submitted an affidavit dated October 29, 2004, executed by you requesting 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:
Response To Request For Additional Infomation (RAI) Associated With A License Amendment Request For Revision Of The Minimal Critical Power Ratio Safety Limit A nonproprietary copy of this document has been placed in the 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:
(1)
The material for which exemption from disclosure is here sought is all confidential commercial information, and some portions also qualify under the narrower definition of trade secret.
Some examples of categories of information which fit into the definition of proprietary information are:
a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-As [Global Nuclear Fuel -
Americas] 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.
J. Andersen c.
Information which reveals cost or price information, production capacities, budget level, or commercial strategies of GNF-A, its customers, or its suppliers;
- d.
Information which reveals aspects of past, present, or future GNF-A customer-funded development plans and programs, of potential commercial value to GNF-A;
- e.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
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(s) 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.
If you have any questions regarding this matter, I may be reached at 301-415-3965.
Sincerely,
/RA/
William A. Macon, Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-440 cc: See next page
J. Andersen c.
Information which reveals cost or price information, production capacities, budget level, or commercial strategies of GNF-A, its customers, or its suppliers;
- d.
Information which reveals aspects of past, present, or future GNF-A customer-funded development plans and programs, of potential commercial value to GNF-A;
- e.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
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(s) 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.
If you have any questions regarding this matter, I may be reached at 301-415-3965.
Sincerely,
/RA/
William A. Macon, Project Manager, Section 2 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-440 cc: See next page DISTRIBUTION:
PUBLIC PDIII-2 R/F WRuland GGrant, RGNIII GSuh FAkstulewicz WMacon DClarke ADAMS ACCESSION NO.: ML043490667 OFFICE PM:PDIII-2 LA:PDIII-1 SC:SRXB-A SC:PDIII-2 NAME WMacon DClarke FAkstulewicz GSuh DATE 01/04/05 01/03/05 01/06/05 01/07/05 OFFICE RECORD COPY
Perry Nuclear Power Plant, Unit 1 Mary E. O'Reilly FirstEnergy Corporation 76 South Main St.
Akron, OH 44308 Resident Inspector's Office U.S. Nuclear Regulatory Commission P.O. Box 331 Perry, OH 44081-0331 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 801 Warrenville Road Lisle, IL 60532-4531 Sue Hiatt OCRE Interim Representative 8275 Munson Mentor, OH 44060 Mr. Vernon K. Higaki Manager - Regulatory Affairs FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant P.O. Box 97, A210 10 Center Road Perry, OH 44081 Frederick van Ahn, Plant Manager FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant P.O. Box 97, SB306 Perry, OH 44081 Mayor, Village of North Perry North Perry Village Hall 4778 Lockwood Road North Perry Village, OH 44081 Donna Owens, Director Ohio Department of Commerce Division of Industrial Compliance Bureau of Operations & Maintenance 6606 Tussing Road P. O. Box 4009 Reynoldsburg, OH 43068-9009 Carol OClaire, Chief, Radiological Branch Ohio Emergency Management Agency 2855 West Dublin Granville Road Columbus, OH 43235-7150 Mayor, Village of Perry P.O. Box 100 Perry, OH 44081-0100 Dennis Clum Radiological Assistance Section Supervisor Bureau of Radiation Protection Ohio Department of Health P.O. Box 118 Columbus, OH 43266-0118 Zack A. Clayton DERR Ohio Environmental Protection Agency ATTN: Mr. Zack A. Clayton P.O. Box 1049 Columbus, OH 43266-0149 Chairman Perry Township Board of Trustees 3750 Center Road, Box 65 Perry, OH 44081 Daniel Z. Fisher Transportation Department Public Utilities Commission 180 East Broad Street Columbus, OH 43215-3793 Joseph J. Hagan Senior Vice President, Engineering and Services FirstEnergy Nuclear Operating Company 76 South Main Street Akron, Ohio 44308 Mr. Lew W. Myers Chief Operating Officer FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant P.O. Box 97, A290 10 Center Road Perry, Ohio 44081