ML051300422

Approval of General Electric Co. Request for Withholding Information from Public Disclosure for Fermi 2

ML051300422
Person / Time
Site:	Fermi
Issue date:	05/27/2005
From:	David Beaulieu NRC/NRR/DLPM/LPD3
To:	Stramback G General Electric Co
Beaulieu, David, NRR/DLPM, 415-3243
References
TAC MC6468
Download: ML051300422 (4)

Text

May 27, 2005 Mr. George B. Stramback, Manager Regulatory Services General Electric Company 175 Curtner Avenue San Jose, CA 95125

SUBJECT:

GENERAL ELECTRIC COMPANY, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR FERMI 2 (TAC NO. MC6468)

Dear Mr. Stramback:

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated April 15, 2005, the Detroit Edison Company submitted an affidavit signed by you dated February 21, 2005, 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:

GE-NE-0000-0031-6254-R1, DTE Energy, Fermi-2 Energy Center, Neutron Flux Evaluation, Revision 1 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:

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

G. Stramback 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 1 Project Directorate III Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-341 cc: See next page

ML051300422 OFFICE PDIII-1/PM PDIII-1/LA EMCB/SC SRXB/SC PDIII-1/SC NAME DBeaulieu DClarke MMitchell FAkstulewicz JStang for/LRaghavan DATE 5/26/05 5/26/05 5/27/05 5/27/05 5/27/05 Fermi 2 cc:

David G. Pettinari 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 6400 N Dixie Highway Newport, MI 48166 Monroe County Emergency Management Division 965 South Raisinville Monroe, MI 48161 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 2443 Warrenville Road, Suite 210 Lisle, IL 60532-4352 Norman K. Peterson Manager, Nuclear Licensing Detroit Edison Company Fermi 2 - 200 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