ML043620407
| ML043620407 | |
| Person / Time | |
|---|---|
| Site: | La Crosse File:Dairyland Power Cooperative icon.png |
| Issue date: | 12/22/2004 |
| From: | Craig C NRC/NMSS/DWMEP/DD |
| To: | Shamkhani H Duratek Services |
| References | |
| Download: ML043620407 (3) | |
Text
December 22, 2004 Mr. H. Shamkhani, Vice President Logistics and Engineering Services Duratek Services Inc.
140 Stoneridge Drive Columbia, SC 29210
SUBJECT:
DURATEK SERVICES INC. REQUEST TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE RELATED TO FUTURE MEETING REGARDING DECOMMISSIONING OF LA CROSSE BOILING WATER REACTOR
Dear Mr. Shamkhani:
By letter dated December 6, 2004, Dairyland Power Cooperative (DPC) submitted a request for a meeting with U.S. Nuclear Regulatory Commission staff to discuss the decommissioning of the La Crosse Boiling Water Reactor, specifically a decommissioning alternative developed by its contractor [Duratek Services Inc. (Duratek)]. DPC also requested that the meeting agenda and meeting discussions be withheld from public disclosure, pursuant to 10 CFR 2.390, as Duratek considers the concepts to be discussed in the future meeting confidential commercial information. On December 6, 2004, Duratek submitted an affidavit, supporting DPCs request.
The affidavit stated that the meeting agenda and meeting discussions should be considered exempt from mandatory public disclosure for the following reasons:
The unique decommissioning approach to be discussed is considered confidential information that includes Company trade secrets incorporated into such plans and processes.
The concepts to be presented during the meeting contain the type of information Duratek regards as protected and of the type not to be disclosed to unauthorized persons.
The information designated as confidential is not available from public sources.
Public disclosure of the information would cause substantial harm to the competitive position of Duratek and may also result in the loss of Durateks commercial opportunity to consider this decommissioning project.
Duratek could lose the financial opportunity and business associated with other projects similar in nature.
We have reviewed your affidavit 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 confidential commercial information and should be withheld from public disclosure. Therefore, the meeting agenda marked as confidential, as well as the discussions in the future meeting, 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.
Mr. Shamkhani Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. 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, please contact Kristina Banovac of my staff, at 301-415-5114 or klb@nrc.gov.
Sincerely,
/RA/
Claudia Craig, Section Chief Reactor Decommissioning Section Decommissioning Directorate Division of Waste Management and Environmental Protection Office of Nuclear Material Safety and Safeguards Docket No.: 50-409 cc: See next page Mr. Shamkhani Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. 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, please contact Kristina Banovac of my staff, at 301-415-5114 or klb@nrc.gov.
Sincerely,
/RA/
Claudia Craig, Section Chief Reactor Decommissioning Section Decommissioning Directorate Division of Waste Management and Environmental Protection Office of Nuclear Material Safety and Safeguards Docket No.: 50-409 cc: See next page DISTRIBUTION:
DCD r/f NMSS/DWMEP r/f Brooke Smith Dan Gillen ML043620407
- See previous concurrence OFC DCD*
DCD*
DCD NAME KBanovac TMixon CCraig DATE 12/13/04 12/14/04 12/22/04 OFFICIAL RECORD COPY
cc:
Roger E. Christians, Plant Manager La Crosse Boiling Water Reactor Dairyland Power Cooperative 4601 State Road 35 Genoa, WI 54632 Michael N. Johnsen, Technical Support Engineer La Crosse Boiling Water Reactor Dairyland Power Cooperative 4601 State Road 35 Genoa, WI 54632 Mark S. Whittaker, Senior Project Analyst Duratek Services Inc.
140 Stoneridge Drive Columbia, SC 29210