ML070180444

Withholding from Public Disclosure, Polestar-prepared Calculation, H21C092, U1 LOCA W/Loop, AST Methodology

ML070180444
Person / Time
Site:	Nine Mile Point
Issue date:	01/29/2007
From:	Pickett D NRC/NRR/ADRO/DORL/LPLI-1
To:	Leaver D Polestar Applied Technology
Pickett D, NRR/DORL, 415-1364
References
TAC MD3896
Download: ML070180444 (4)

Text

January 29, 2007 Mr. David E. W. Leaver Principal Officer Polestar Applied Technology, Inc.

One First Street, Suite 4 Los Altos, CA 94022

SUBJECT:

NINE MILE POINT NUCLEAR STATION, UNIT NO. 1 (NMPNS1) - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING NMPNS1 (TAC NO. MD3896)

Dear Mr. Leaver:

By letter dated December 14, 2006, Nine Mile point Nuclear Station, LLC (NMPNS, the licensee), submitted an affidavit dated December 13, 2006, 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:

Polestar-prepared calculation, H21C092, U1 LOCA w/LOOP, AST Methodology 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:

(i) It is the type of information that discloses a process or method, including supporting data and analyses, where prevention of its use by Polestars competitors without license from Polestar constitutes a competitive economic advantage over other companies.

(ii) It is the type of information which, if used by a competitor, would significantly reduce his expenditure of resources or improve his competitive position in the analysis, design, 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.

Therefore, the version of Polestar-prepared calculation, H21C092, U1 LOCA w/LOOP, AST Methodology, 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.

David E. W. Leaver 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, I may be reached at (301) 415-1364.

Sincerely,

/RA/ by Evangelos Marinos for Douglas V. Pickett, Senior Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-220 cc: See next page

ML070180444 NRR-084 OFFICE PDI-1/PE PDI-1/PM PDI-1/LA AADB/BC PDI-1/BC(A)

NAME MDavid DPickett SLittle MKotzalas DPickett DATE 1/29/ 07 1/29/ 07 1/29/ 07 1/29/ 07 1/29/ 07 Nine Mile Point Nuclear Station, Unit No. 1 cc:

Mr. Michael J. Wallace Mr. Peter R. Smith, President President New York State Energy, Research, Nine Mile Point Nuclear Station, LLC and Development Authority c/o Constellation Energy Group 17 Columbia Circle 750 East Pratt Street Albany, NY 12203-6399 Baltimore, MD 21202 Mr. Timothy J. OConnor Mark J. Wetterhahn, Esquire Vice President Winston & Strawn Nine Mile Point Nuclear Station, LLC 1700 K Street, NW c/o Constellation Energy Group Washington, DC 20006 750 East Pratt Street Baltimore, MD 21202 Supervisor Town of Scriba Mr. Mike Heffley Route 8, Box 382 Senior Vice President and Chief Oswego, NY 13126 Nuclear Officer Constellation Generation Group Carey W. Fleming, Esquire 1997 Annapolis Exchange Parkway Senior Counsel Suite 500 Constellation Generation Group, LLC Annapolis, MD 21401 750 East Pratt Street, 17th Floor Baltimore, MD 21202 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 126 Lycoming, NY 13093 Charles Donaldson, Esquire Assistant Attorney General New York Department of Law 120 Broadway New York, NY 10271 Mr. Paul D. Eddy Electric Division NYS Department of Public Service Agency Building 3 Empire State Plaza Albany, NY 12223