ML072360253
| ML072360253 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 09/18/2007 |
| From: | Adrian Muniz NRC/NRR/ADRO/DORL/LPLIII-1 |
| To: | Jennifer Davis Detroit Edison |
| muniz A, ADRO/DORL/415-4044 | |
| References | |
| TAC MD5416 | |
| Download: ML072360253 (5) | |
Text
September 18, 2007 Mr. Jack M. Davis Senior Vice President and Chief Nuclear Officer Detroit Edison Company Fermi 2 - 210 NOC 6400 North Dixie Highway Newport, MI 48166
SUBJECT:
FERMI 2 REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD5416)
Dear Mr. Davis:
By letter dated April 27, 2007, Detroit Edison Company (licensee) submitted an affidavit dated April 24, 2007, executed by Pankaj Chaudhary from Holtec International, 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:
Holtec Drawings 2357, 2541 and 2560 The affidavit was submitted to the U.S. Nuclear Regulatory Commission as part of an enclosure that contains proprietary information. In conversation with your staff, we have confirmed that the affidavit does not contain proprietary information. Therefore, we have requested your staff to submit affidavits accompanying a withholding request pursuant to 10 CFR 2.390 separate from proprietary enclosures in future submittals. 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 Holtec's 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.
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 Holtec Drawings 2357, 2541 and 2560 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.
J. Davis 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 301-415-4093.
Sincerely,
/RA/
Adrian Muniz, Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-341 cc: See next page
J. Davis September 18, 2007 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 301-415-4093.
Sincerely,
/RA/
Adrian Muniz, Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-341 cc: See next page DISTRIBUTION PUBLIC RidsNrrLATHarris RidsNrrDorlLpl3-1 LPL3-1 RF RidsAcrsAcnwMailCenter RidsRgn3MailCenter RidsNrrPMAMuniz JMarshall TPham Adams Accession Number: ML072360253 OFFICE NRR/LPL3-1/PM NRR/LPL3-1/LA NMSS/FCSS/FFLD/MC&AB/BC NRR/LPL3-1/(A)BC NAME AMuniz THarris/ESW for JMarshall TTate/PST for DATE0 09/ 11 /07 09/ 11 /07 09/ 12 /07 09/18 /07 OFFICIAL RECORD COPY
Fermi 2 cc:
David G. Pettinari Legal Department 688 WCB Detroit Edison Company 2000 2nd Avenue Detroit, MI 48226-1279 Michigan Department of Environmental Quality Waste and Hazardous Materials Division Radiological Protection and Medical Waste Section Nuclear Facilities Unit Constitution Hall, Lower-Level North 525 West Allegan Street P.O. Box 30241 Lansing, MI 48909-7741 U.S. Nuclear Regulatory Commission Resident Inspector's Office 6450 N Dixie Highway Newport, MI 48166 Mr. M. V. Yudasz, Jr., Director Monroe County Emergency Management Division 965 South Raisinville Road Monroe, MI 48161 Ronald W. Gaston Manager, Nuclear Licensing Detroit Edison Company Fermi 2 - 200 TAC 6400 North Dixie Highway Newport, MI 48166 Supervisor - Electric Operators Michigan Public Service Commission P.O. Box 30221 Lansing, MI 48909 Wayne County Emergency Management Division 10250 Middlebelt Road Detroit, MI 48242 Mr. Joseph H. Plona Vice President - Nuclear Generation Detroit Edison Company Fermi 2 - 210 NOC 6400 North Dixie Highway Newport, MI 48166 Pankaj K. Chaudhary Project Manager Holtec International Holtec Center 555 Lincoln Drive West Marlton, NJ 08053