ML051790057

Request for Withholding Information from Public Disclosure, PSEG Nuclear LLC

ML051790057
Person / Time
Site:	Hope Creek
Issue date:	07/14/2005
From:	Stewart Bailey NRC/NRR/DLPM/LPD1
To:	Erbes B General Electric Co
Bailey S N,NRR/DLPM,415-1321
References
Download: ML051790057 (4)

Text

July 14, 2005 Mr. Bradley J. Erbes Manager, Systems Engineering Services GE Nuclear Energy 175 Curtner Avenue M/C 747 San Jose, CA 95125

SUBJECT:

PSEG NUCLEAR LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR HOPE CREEK GENERATING STATION

Dear Mr. Erbes:

By letter dated May 20, 2005, PSEG Nuclear LLC (PSEG) submitted an affidavit dated May 5, 2005, 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:

Enclosure 2 to GE [General Electric] letter, GE-HCGS-AM-086, GE Responses to NRC [Nuclear Regulatory Commission] RAIs [requests for additional information] 1e and 1h, dated May 5, 2005 The May 20, 2005, letter from PSEG contained responses to NRC questions related to PSEGs license change request H04-01 for the Hope Creek Generating Station. The letter from PSEG stated that the proprietary information from the aforementioned GE letter was faithfully reproduced in the submitted letter such that the affidavit remains applicable.

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) This information is of the type typically held in confidence by GE, and is in fact so held.

(2) The information is being transmitted to the NRC in confidence.

(3) The information has not been publically disclosed, nor is it available in public sources.

(4) The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEs competitors constitutes a competitive economic advantage over other companies.

B. Erbes (5) The information, 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.

(6) Public disclosure of this information would cause GE to lose its competitive advantage if its competitors were able to use the results to normalize or verify their own process or if they were able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

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.

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 should also 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 301-415-1321.

Sincerely,

/RA/

Stewart N. Bailey, Senior Project Manager, Section 2 Project Directorate I Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket No. 50-354 cc: See next page

B. Erbes Hope Creek Generating Station cc:

Mr. Michael P. Gallagher Jeffrie J. Keenan, Esquire Vice President - Eng/Tech Support PSEG Nuclear - N21 PSEG Nuclear P.O. Box 236 P.O. Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Ms. R. A. Kankus Mr. Michael Brothers Joint Owner Affairs Vice President - Nuclear Assessments Exelon Generation Company, LLC PSEG Nuclear Nuclear Group Headquarters KSA1-E P.O. Box 236 200 Exelon Way Hancocks Bridge, NJ 08038 Kennett Square, PA 19348 Mr. George P. Barnes Lower Alloways Creek Township Site Vice President - Hope Creek c/o Mary O. Henderson, Clerk PSEG Nuclear Municipal Building, P.O. Box 157 P.O. Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Dr. Jill Lipoti, Asst. Director Mr. George H. Gellrich Radiation Protection Programs Plant Support Manager NJ Department of Environmental PSEG Nuclear Protection and Energy P.O. Box 236 CN 415 Hancocks Bridge, NJ 08038 Trenton, NJ 08625-0415 Mr. Michael J. Massaro Brian Beam Plant Manager - Hope Creek Board of Public Utilities PSEG Nuclear 2 Gateway Center, Tenth Floor P.O. Box 236 Newark, NJ 07102 Hancocks Bridge, NJ 08038 Regional Administrator, Region I Ms. Christina L. Perino U.S. Nuclear Regulatory Commission Director - Regulatory Assurance 475 Allendale Road PSEG Nuclear - N21 King of Prussia, PA 19406 P.O. Box 236 Hancocks Bridge, NJ 08038 Senior Resident Inspector Hope Creek Generating Station U.S. Nuclear Regulatory Commission Drawer 0509 Hancocks Bridge, NJ 08038

ML051790057 OFFICE PDI-2/PE PDI-2/PM PDI-2/LA SRXB-A PDI-2/SC NAME GMiller SBailey CRaynor FAkstulwicz DRoberts DATE 6/29/05 7/12/05 6/29/05 7/5/05 7/14/05