ML061230557

Witholding from Public Discloure, Proprietary Approval Letter to Holtec, MC9740, MC9741

ML061230557
Person / Time
Site:	Turkey Point
Issue date:	05/09/2006
From:	Moroney B NRC/NRR/ADRO/DORL/LPLD
To:	Bush E Holtec
Moroney B, NRR/DLPM, 415-3974
References
TAC MC9740, TAC MC9741
Download: ML061230557 (4)

Text

May 9, 2006 Mr. Eric Bush, Project Manager Holtec International 555 Lincoln Drive West Marlton, NJ 08053

SUBJECT:

HOLTEC INTERNATIONAL REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR TURKEY POINT UNITS 3 AND 4 (TAC NOS. MC9740 AND MC9741)

Dear Mr. Bush:

Florida Power & Light Company letter dated January 27, 2006, included your affidavit dated September 28, 2005, which requested that certain potions of Holtec Report HI-2043149, Revision 3, Boraflex Remedy at Turkey Point Nuclear Plant for FPL, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390.

A nonproprietary version of Holtec Report HI-2022931 has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Publicly Available Records System (ADAMS PARS) library.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

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

b. 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;

c. Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International;

d. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

The NRC staff has 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.

E. Bush May 9, 2006 Therefore, the version of Holtec Report marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390 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, you may contact me at 301-415-3974.

Sincerely,

/RA/

Brendan T. Moroney, Project Manager Plant Licensing Branch II-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-250 and 50-251 cc: See next page

ML061230557 NRR-084 OFFICE LPL2-2/PM LPL2-2/LA SNPB/BC LPD2-2/BC NAME BMoroney BClayton FAkstulewicz BMozafari for MMarshall DATE 05/04/06 05/04/06 05/08/06 05/09/06 E. Bush TURKEY POINT PLANT Holtec International cc:

Mr. J. A. Stall Mr. Craig Fugate, Director Senior Vice President, Nuclear and Division of Emergency Preparedness Chief Nuclear Officer Department of Community Affairs Florida Power & Light Company 2740 Centerview Drive P.O. Box 14000 Tallahassee, Florida 32399-2100 Juno Beach, FL 33408-0420 Attorney General Mr. William E. Webster Department of Legal Affairs Vice President, Nuclear Operations The Capitol Florida Power & Light Company Tallahassee, Florida 32304 P.O. Box 14000 Juno Beach, FL 33408-0420 Michael O. Pearce Plant General Manager M. S. Ross, Managing Attorney Turkey Point Nuclear Plant Florida Power & Light Company Florida Power and Light Company P.O. Box 14000 9760 SW. 344th Street Juno Beach, FL 33408-0420 Florida City, FL 33035 Marjan Mashhadi, Senior Attorney Walter Parker Florida Power & Light Company Licensing Manager 801 Pennsylvania Avenue, NW. Turkey Point Nuclear Plant Suite 220 9760 SW 344th Street Washington, DC 20004 Florida City, FL 33035 T. O. Jones, Site Vice President Mark Warner, Vice President Turkey Point Nuclear Plant Nuclear Operations Support Florida Power and Light Company Florida Power and Light Company 9760 SW. 344th Street P.O. Box 14000 Florida City, FL 33035 Juno Beach, FL 33408-0420 County Manager Mr. Rajiv S. Kundalkar Miami-Dade County Vice President - Nuclear Engineering 111 Northwest 1 Street, 29th Floor Florida Power & Light Company Miami, Florida 33128 P.O. Box 14000 Juno Beach, FL 33408-0420 Senior Resident Inspector Turkey Point Nuclear Plant U.S. Nuclear Regulatory Commission 9762 SW. 344th Street Florida City, Florida 33035 Mr. William A. Passetti, Chief Department of Health Bureau of Radiation Control 2020 Capital Circle, SE, Bin #C21 Tallahassee, Florida 32399-1741