ML070470517

Request for Withholding Information from Public Disclosure, TAC No. MD2654

ML070470517
Person / Time
Site:	Callaway, PROJ0750
Issue date:	02/21/2007
From:	Lawrence Burkhart NRC/NRO/DNRL
To:	Herrmann T AmerenUE
Burkhart L, NRO/DNRL/NWE1, 415-1311
References
TAC MD2654
Download: ML070470517 (4)

Text

February 21,2007 Mr. Timothy E. Herrmann Vice President-Engineering AmerenUE Callaway Plant P.O. Box 620 Fulton, MO 66251

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO MD2654)

Dear Mr. Herrmann:

By letters dated December 15, 2006 (ULNRC-05354) and January 26, 2007 (ULNRC-05363),

AmerenUE representatives submitted information to the U.S. Nuclear Regulatory Commission (NRC) and requested that the letters be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations, Section 2.390 (10 CFR 2.390). These requests were supported by affidavits enclosed to the letters that were executed by you and Mr. W. M.

Cryderman on December 16, 2006, and January 26, 2007, respectively.

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

1. This information is being and has been held in confidence by AmerenUE,

2. This information is being transmitted to the NRC in confidence,

3. This information is not available in public sources and could not be gathered readily from other publicly available information; and

4. Public disclosure of this information would cause substantial harm to the competitive position of AmerenUE.

We have reviewed your applications and the material in accordance with the requirements of 10 CFR 2.390(a)(4) and, on the basis of your statements, have determined that the submitted information sought to be withheld contains trade secrets and commercial or financial information and should be withheld from public disclosure.

Therefore, 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

T. Herrmann 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) 415-1311.

Sincerely,

/RA/

Larry J. Burkhart, Senior Project Manager EPR Projects Branch Division of New Reactor Licensing Office of New Reactors Project No. 750 cc: See next page

ML070470517 NRR-084 OFFICE NAR1/DNRL:PM NAR1/DNRL:LA NAR1/DNRL:BC NAME LBurkhart KGoldstein JColaccino DATE 2/21/07 2/21/07 2/21/07 Calloway Plant Site Future Combined License cc:

Tim E. Herrmann Vice President, Engineering AmerenUE P.O. Box 620 Fulton, MO 65251 Dave Shafer, Superintendent, Licensing AmerenUE 1901 Chouteau Avenue St. Louis, MO 63103 Pat Cryderman, Superintendent, Replacement/Accident Analysis and Major Projects AmerenUE P.O. Box 620 Fulton, MO 65251