ML062830472

PSEG Nuclear LLC, Withholding from Public Disclosure, NEDC-33076P, Revision 2, Safety Analysis Report for Hope Creek Constant Pressure Power Uprate, Class III, MD3002

ML062830472
Person / Time
Site:	Hope Creek
Issue date:	11/08/2006
From:	Stewart Bailey NRC/NRR/ADRO/DORL/LPLI-2
To:	Brown R Public Service Enterprise Group
Bailey S N,NRR/DLPM,415-1321
References
NEDC-33076P, Rev 2, TAC MD3002
Download: ML062830472 (4)

Text

November 8, 2006 Mr. Robert E. Brown General Manager Regulatory Affairs 3901 Castle Hayne Road Wilmington, NC 28402-2819

SUBJECT:

PSEG NUCLEAR LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR HOPE CREEK GENERATING STATION (TAC NO. MD3002)

Dear Mr.Brown:

By letter dated September 18, 2006, PSEG Nuclear LLC submitted an affidavit executed by George B. Stramback on behalf of General Electric Company, dated August 16, 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:

NEDC-33076P, Revision 2, Safety Analysis Report for Hope Creek Constant Pressure Power Uprate, Class III A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commissions (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:

(4)a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electrics competitors without license from General Electric constitutes a competitive economic advantage over other companies; (4)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.

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.

R. Brown 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 Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-354 cc: See next page

Hope Creek Generating Station cc:

Mr. Dennis Winchester Township Clerk Vice President - Nuclear Assessments Lower Alloways Creek Township PSEG Nuclear Municipal Building, P.O. Box 157 P.O. Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Mr. Paul Bauldauf, P.E., Asst. Director Mr. George P. Barnes Radiation Protection Programs Site Vice President - Hope Creek NJ Department of Environmental PSEG Nuclear Protection and Energy P.O. Box 236 CN 415 Hancocks Bridge, NJ 08038 Trenton, NJ 08625-0415 Mr. George H. Gellrich Mr. Brian Beam Plant Support Manager 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 Mr. Michael J. Massaro U.S. Nuclear Regulatory Commission Plant Manager - Hope Creek 475 Allendale Road PSEG Nuclear King of Prussia, PA 19406 P.O. Box 236 Hancocks Bridge, NJ 08038 Senior Resident Inspector Hope Creek Generating Station Mr. Darin Benyak U.S. Nuclear Regulatory Commission Director - Regulatory Assurance Drawer 0509 PSEG Nuclear - N21 Hancocks Bridge, NJ 08038 P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. James Mallon Manager - Licensing 200 Exelon Way - KSA 3-E Kennett Square, PA 19348 Jeffrie J. Keenan, Esquire PSEG Nuclear - N21 P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. Michael Jesse Manager - Regulatory Assurance P.O. Box 236 Hancocks Bridge, NJ 08038

R. Brown 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 Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-354 cc: See next page DISTRIBUTION:

PUBLIC LPL1-2 Reading RidsNrrLARaynor RidsNrrPMBailey RidsNrrDorlLpl1-2 RidsNrrSBWB RidsAcrsAcnwMailCenter RidsRg1MailCenter ADAMS ACCESSION No.: ML062830472 OFFICE LPLI-2/GE LPLI-2/PM LPLI-2/LA SBWB/BC LPLI-2/BC NAME CSanders SBailey CRaynor GCranston HChernoff DATE 10/24/06 10/24/06 10/13/06 10/19/06 11/08/06 OFFICIAL RECORD COPY