ML053470181

Caldon, Inc., Request for Withholding Information from Public Disclosure During NRC Meeting to Discuss Seabrook Measurement Uncertainty Recapture License Amendment Request

ML053470181
Person / Time
Site:	Seabrook
Issue date:	12/16/2005
From:	Geoffrey Miller Plant Licensing Branch III-2
To:	Hastings C Caldon
Miller G, NRR/DLPM, 415-2481
References
TAC MC8434
Download: ML053470181 (5)

Text

December 16, 2005 Mr. Calvin R. Hastings President and CEO Caldon, Inc.

1070 Banksville Avenue Pittsburgh, PA 15216

SUBJECT:

CALDON, INC., REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE DURING NRC MEETING TO DISCUSS SEABROOK MEASUREMENT UNCERTAINTY RECAPTURE LICENSE AMENDMENT REQUEST (TAC NO. MC8434)

Dear Mr. Hastings:

By letter dated December 12, 2005, you submitted an affidavit executed on the same date, 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:

Caldon Proprietary Information Package for Seabrook/NRC Meeting December 16, 2005, INFO-18 The December 12, 2005, letter identified the information contained in the named package as supportive to the Caldon, Inc. (Caldon) presentation during an NRC meeting scheduled for December 16, 2005.

A nonproprietary copy of this document was not provided, however, its main presentation is not considered by Caldon to be proprietary and will be available in NRCs Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room following issuance of the meeting summary.

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 Caldon, 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) Public disclosure of the information would be likely to cause substantial harm to the competitive position of Caldon because it would enhance the ability of competitors to provide similar flow and temperature measurement systems and licensing defense services for commercial power reactors without commensurate expenses.

C. R. Hastings 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 document 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 301-415-2481.

Sincerely,

/RA/

G. Edward Miller, Project Manager Licensing Project Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-443 cc: See next page

ML053470181 OFFICE LPL1-2/PM LPL1-2/LA SPWB/BC LPL1-2/BC NAME GMiller CRaynor JNakoski DRoberts (SLittle for)

DATE 12/16/05 12/16/05 12/16/05 12/16/05 Seabrook Station, Unit No. 1 cc:

Mr. J. A. Stall Mr. Stephen McGrail, Director Senior Vice President, Nuclear and ATTN: James Muckerheide Chief Nuclear Officer Massachusetts Emergency Management Agency Florida Power & Light Company 400 Worcester Road P.O. Box 14000 Framingham, MA 01702-5399 Juno Beach, FL 33408-0420 Philip T. McLaughlin, Attorney General Mr. Peter Brann Steven M. Houran, Deputy Attorney Assistant Attorney General General State House, Station #6 33 Capitol Street Augusta, ME 04333 Concord, NH 03301 Resident Inspector Mr. Bruce Cheney, Director U.S. Nuclear Regulatory Commission New Hampshire Office of Emergency Seabrook Nuclear Power Station Management P.O. Box 1149 State Office Park South Seabrook, NH 03874 107 Pleasant Street Concord, NH 03301 Town of Exeter 10 Front Street Mr. M. S. Ross, Managing Attorney Exeter, NH 03823 Florida Power & Light Company P.O. Box 14000 Regional Administrator, Region I Juno Beach, FL 33408-0420 U.S. Nuclear Regulatory Commission 475 Allendale Road Mr. Rajiv S. Kundalkar King of Prussia, PA 19406 Vice President - Nuclear Engineering Florida Power & Light Company Office of the Attorney General P.O. Box 14000 One Ashburton Place, 20th Floor Juno Beach, FL 33408-0420 Boston, MA 02108 James M. Peschel Board of Selectmen Regulatory Programs Manager Town of Amesbury Seabrook Station Town Hall FPL Energy Seabrook, LLC Amesbury, MA 01913 PO Box 300 Seabrook, NH 03874 Ms. Deborah Bell Federal Emergency Management Agency Region I J.W. McCormack P.O. &

Courthouse Building, Room 401 Boston, MA 02109 Mr. Tom Crimmins Polestar Applied Technology One First Street, Suite 4 Los Altos, CA 94019

Seabrook Station, Unit No. 1 cc:

David Moore Vice President, Nuclear Operations Support Florida Power & Light Company P.O. Box 14000 Juno Beach, FL 33408-0420 Marjan Mashhadi Senior Attorney Florida Power & Light Company 801 Pennsylvania Ave., NW Suite 220 Washington, DC 20004