ML050060243
"Draft Withholding Request Acceptance" is not in the list (Request, Draft Request, Supplement, Acceptance Review, Meeting, Withholding Request, Withholding Request Acceptance, RAI, Draft RAI, Draft Response to RAI, ...) of allowed values for the "Project stage" property.
| ML050060243 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 01/06/2005 |
| From: | Wang A NRC/NRR/DLPM/LPD4 |
| To: | Ridenoure R Omaha Public Power District |
| Wang A,/NRR/DLPM/415-1445 | |
| References | |
| TAC MC5442 | |
| Download: ML050060243 (4) | |
Text
January 6, 2005 Mr. R. T. Ridenoure Division Manager - Nuclear Operations Omaha Public Power District Fort Calhoun Station FC-2-4 Adm.
Post Office Box 550 Fort Calhoun, NE 68023-0550
SUBJECT:
FORT CALHOUN STATION, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MC5442)
Dear Mr. Ridenoure:
By affidavit dated January 3, 2005, executed by you, Omaha Public Power District (OPPD) requested that information in the draft presentation materials to be used at a meeting with the NRC staff on January 10, 2005, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390.
A nonproprietary copy of the document was not provided for placement in the NRC's Public Document Room or for addition 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 information sought to be withheld from public disclosure is owned and has been held in confidence by OPPD.
3.
The information is of a type customarily held in confidence by OPPD and not customarily disclosed to the public.
6.
Public disclosure of the information is likely to cause substantial harm to the competitive position of OPPD because:
a.
The information consists of a summary of the feasibility and technical basis for supply of additional energy from the Fort Calhoun Station, which provides OPPD a competitive economic advantage. The information requested to be withheld reveals production capacity and commercial strategies of OPPD and its customers.
b.
The information requested to be withheld reveals aspects of privately funded development plans or programs of commercial value to the submitter or owners of the information. The availability of such information to competitors would enable them to offer their product or service to better compete with OPPD, take
R. Ridenoure marketing or other actions to improve their product's position or impair the position of OPPD product.
c.
A similar product or service is provided by competitors.
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 information in the draft presentation material, 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) 415-1445.
Sincerely,
/RA/
Alan Wang, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-285 cc: See next page
R. Ridenoure January 6, 2005 marketing or other actions to improve their product's position or impair the position of OPPD product.
c.
A similar product or service is provided by competitors.
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 information in the draft presentation material, 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) 415-1445.
Sincerely,
/RA/
Alan Wang, Project Manager, Section 2 Project Directorate IV Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-285 DISTRIBUTION:
PUBLIC cc: See next page PDIV-2 Reading RidsNrrDlpmPdiv (HBerkow)
RidsNrrDlpmPdiv2 (RGramm)
RidsNrrPMBBenney RidsNrrLAEPeyton RidsOgcRp ADAMS ACCESSION NO.: ML050060243 NRR-084 OFFICE PDIV-2/PM PDIV-2/LA PDIV-2/SC NAME AWang EPeyton:esp RGramm DATE 1/6/05 1/5/05 1/6/05 OFFICIAL RECORD COPY
Ft. Calhoun Station, Unit 1 cc:
Winston & Strawn ATTN: James R. Curtiss, Esq.
1400 L Street, N.W.
Washington, DC 20005-3502 Chairman Washington County Board of Supervisors P.O. Box 466 Blair, NE 68008 Mr. John Kramer, Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 310 Fort Calhoun, NE 68023 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-4005 Ms. Sue Semerera, Section Administrator Nebraska Health and Human Services Systems Division of Public Health Assurance Consumer Services Section 301 Centential Mall, South P.O. Box 95007 Lincoln, NE 68509-5007 Mr. David J. Bannister, Manager Fort Calhoun Station Omaha Public Power District Fort Calhoun Station FC-1-1 Plant P.O. Box 550 Fort Calhoun, NE 68023-0550 Mr. John B. Herman Manager - Nuclear Licensing Omaha Public Power District Fort Calhoun Station FC-2-4 Adm.
P.O. Box 550 Fort Calhoun, NE 68023-0550 Mr. Daniel K. McGhee Bureau of Radiological Health Iowa Department of Public Health 401 SW 7th Street, Suite D Des Moines, IA 50309 Mr. Richard P. Clemens Division Manager - Nuclear Assessments Omaha Public Power District Fort Calhoun Station P.O. Box 550 Fort Calhoun, NE 68023-0550