ML071790444

PSEG Nuclear Request for Withholding Information from Public Disclosure for Hope Creek Generating Station (MD3002)

ML071790444
Person / Time
Site:	Hope Creek
Issue date:	07/03/2007
From:	James Shea NRC/NRR/ADRO/DORL/LPLI-2
To:	Barnes G Public Service Enterprise Group
SHea J, NRR/DORL, 415-1388
References
TAC MD3002
Download: ML071790444 (4)

Text

July 3, 2007 Mr. George P. Barnes Site Vice President - Hope Creek PSEG Nuclear P.O. Box 236 Hancocks Bridge, NJ 08038

SUBJECT:

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

Dear Mr. Barnes:

By letter dated April 30, 20071, you submitted two affidavits executed by George B. Stramback on behalf of General Electric Company (GE), dated April 20, 2007, and by Barbara A. Agans on behalf of Continuum Dynamics, Inc. (C.D.I.), dated April 27, 2007, respectively. The two affidavits request 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:

Response to Request for Additional Information, as transmitted to the Nuclear Regulatory Commission (NRC) by PSEG Nuclear Letter LR-N07-0099 A nonproprietary copy of this document1 has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room. To view this document visit http://www.nrc.gov/reading-rm/adams.html.

The affidavit submitted on behalf of GE 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.

1 ADAMS accession number ML070790508

G. Barnes The affidavit submitted on behalf of C.D.I. stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

3(a) A process or method, including supporting data and analysis, where prevention of its use by C.D.I.s competitors without license from C.D.I. constitutes a competitive advantage over other companies; 3(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; 3(c) Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

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 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 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 301-415-1388.

Sincerely,

/RA/

James J. Shea, Project Manager Plant Licensing Branch 1-2 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 Mr. Brian Beam Vice President - Nuclear Assessments 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. George H. Gellrich U.S. Nuclear Regulatory Commission Plant Support Manager 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. Michael J. Massaro U.S. Nuclear Regulatory Commission Plant Manager - Hope Creek Drawer 0509 PSEG Nuclear Hancocks Bridge, NJ 08038 P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. George Stramback Manager, Regulatory Services Mr. Darin Benyak GE Energy, Nuclear Director - Regulatory Assurance 1989 Little Orchard Street PSEG Nuclear - N21 San Jose, CA P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. William Levis Senior Vice President & Chief Nuclear Mr. James Mallon Officer Manager - Licensing PSEG Nuclear LLC-X04 200 Exelon Way - KSA 3-E Post Office Box 236 Kennett Square, PA 19348 Hancocks Bridge, NJ 08038 Jeffrie J. Keenan, Esquire Ms. Barbara A. Agans PSEG Nuclear - N21 Director, Business Administration P.O. Box 236 Continuum Dynamics, Inc.

Hancocks Bridge, NJ 08038 34 Lexington Avenue Ewing, NJ 08618-2302 Mr. Michael Jesse Manager - Regulatory Assurance P.O. Box 236 Hancocks Bridge, NJ 08038 Township Clerk Lower Alloways Creek Township Municipal Building, P.O. Box 157 Hancocks Bridge, NJ 08038 Mr. Paul Bauldauf, P.E., Asst. Director Radiation Protection Programs NJ Department of Environmental Protection and Energy CN 415 Trenton, NJ 08625-0415

ML071790444 OFFICE LPLI-2/GE LPLI-2/PM LPLI-1/LA EMCB/BC SRXB/BC LPLI-2/BC NAME CSanders JShea SLittle KManoly GCranston HChernoff DATE 6/26/07 6/26/07 7/02/07 7/02/07 7/02/07 7/03/07