ML060970463

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Transware Request for Withholding Information from Public Disclosure for Fluence Evaluation for Oyster Creek Reactor Pressure Vessel for the Oyster Creek Nuclear Generating Station, License Renewal Application
ML060970463
Person / Time
Site: Oyster Creek
Issue date: 04/07/2006
From: Ashley D
NRC/NRR/ADRO/DLR/RLRA
To: David Jones
TransWare Enterprises
Ashley D, NRR/DLR/RLRA, 415-3191
References
%dam200606, TAC MC7624
Download: ML060970463 (6)


Text

April 7, 2006 Mr. Dean B. Jones President TransWare Enterprises Inc.

5450 Thornwood Drive, Suite M San Jose, California 95123-1222

SUBJECT:

TRANSWARE REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR FLUENCE EVALUATION FOR OYSTER CREEK REACTOR PRESSURE VESSEL FOR THE OYSTER CREEK NUCLEAR GENERATING STATION, LICENSE RENEWAL APPLICATION (TAC NO.

MC7624)

Dear Mr. Jones:

By letter dated March 21, 2006, AmerGen Energy Company, LLC submitted an affidavit executed by you on March 18, 2006, 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" Fluence Evaluation for Oyster Creek Reactor Pressure Vessel TransWare Proprietary Information Package EXL-FLU-001-R-002 for Oyster Creek Nuclear Generating Station.

The March 21, 2006, letter identified the information contained in the named package as supportive to the Oyster Creek Generating Station License Renewal Application and a request by NRC staff for additional information. A non-proprietary copy of this document was provided by you and will be available in the NRCs 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 TransWare, and is in fact so held.

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

(3) The information has not been publicly 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 TransWare because it would enhance the ability of competitors to provide similar fluence information commercial power reactors without commensurate expenses.

D. 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 301-415-3191.

Sincerely,

/RA/

Donnie J. Ashley, Project Manager License Renewal Branch A Division of License Renewal Office of Nuclear Reactor Regulation Docket No. 50-219 cc: See next page

DOCUMENT NAME: E:\\Filenet\\ML060970463.wpd OFFICE PM:RLRA:DLR LA:RLRA:DLR BC:RLRA:DLR NAME DAshley YEdmonds LLund DATE 04/ 04 /06 04/ 04 /06 04/ 06 /06

SUBJECT:

TRANSWARE REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR FLUENCE EVALUATION FOR OYSTER CREEK REACTOR PRESSURE VESSEL FOR THE OYSTER CREEK NUCLEAR GENERATING STATION, LICENSE RENEWAL APPLICATION (TAC NO. MC7624)

HARD COPY DLR R/F E-MAIL:

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Oyster Creek Nuclear Generating Station cc:

Site Vice President - Oyster Creek Nuclear Generating Station AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Senior Vice President of Operations AmerGen Energy Company, LLC 200 Exelon Way, KSA 3-N Kennett Square, PA 19348 Kathryn M. Sutton, Esquire Morgan, Lewis, & Bockius LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 Kent Tosch, Chief New Jersey Department of Environmental Protection Bureau of Nuclear Engineering CN 415 Trenton, NJ 08625 Vice President - Licensing and Regulatory Affairs AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Mayor of Lacey Township 818 West Lacey Road Forked River, NJ 08731 Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 445 Forked River, NJ 08731 Director - Licensing and Regulatory Affairs AmerGen Energy Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Manager Licensing - Oyster Creek Exelon Generation Company, LLC Correspondence Control P.O. Box 160 Kennett Square, PA 19348 Regulatory Assurance Manager Oyster Creek AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 Assistant General Counsel AmerGen Energy Company, LLC 200 Exelon Way Kennett Square, PA 19348 Ron Bellamy, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406-1415 Correspondence Control Desk AmerGen Energy Company, LLC 200 Exelon Way, KSA 1--1 Kennett Square, PA 19348 Oyster Creek Nuclear Generating Station Plant Manager AmerGen Energy Company, LLC P.O. Box 388 Forked River, NJ 08731 License Renewal Manager Exelon Generation Company, LLC 200 Exelon Way, Suite 230 Kennett Square, PA 19348

Oyster Creek Nuclear Generating Station cc:

Mr. James Ross Nuclear Energy Institute 1776 I Street, NW, Suite 400 Washington, DC 20006-3708 Mr. Michael P. Gallagher Vice President License Renewal Exelon Generation Company, LLC 200 Exelon Way, Suite 230 Kennett Square, PA 19348 Mr. Christopher M. Crane President and Chief Nuclear Officer AmerGen Energy Company, LLC 4300 Winfield Road Warrenville, IL 60555