ML072970109

Request for Withholding Information from Public Disclosure Regarding Implementation of Average Power Range Monitor/Rod Block Monitor/Technical Specifications/Maximum Extended Load Line Limit Analysis

ML072970109
Person / Time
Site:	Nine Mile Point
Issue date:	10/31/2007
From:	David M NRC/NRR/ADRO/DORL/LPLI-1
To:	Polson K Nine Mile Point
david marshall NRR/DORL 415-1547
References
TAC MD5233
Download: ML072970109 (4)

Text

October 31, 2007 Mr. Keith J. Polson Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093

SUBJECT:

NINE MILE POINT NUCLEAR STATION, UNIT NO. 2 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING IMPLEMENTATION OF AVERAGE POWER RANGE MONITOR/ROD BLOCK MONITOR/TECHNICAL SPECIFICATIONS/MAXIMUM EXTENDED LOAD LINE LIMIT ANALYSIS (ARTS/MELLLA) (TAC NO. MD5233)

Dear Mr. Polson:

By letter dated October 16, 2007, you submitted an affidavit dated October 11, 2007, executed by Mr. Richard E. Kingston, Vice President, Methods Licensing, Regulatory Affairs, General Electric (GE) - Hitachi Nuclear Energy Americas LLC (GEH), 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:

Information identified as proprietary in GEH's GE-PPO-JXAAQ-KG1-100, October 12, 2007, responses to Nuclear Regulatory Commission (NRC) ARTS/MELLLA request for additional information (RAI).

A nonproprietary copy of the RAI responses has been placed in the 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, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH 's competitors without license from GEH constitutes a competitive economic advantage over other companies.

(ii) It is the type of 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 statements in the affadavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

K. Polson Therefore, the information identified as proprietary in GEH's October 12, 2007, responses to NRC's ARTS/MELLLA RAI 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) 415-1547.

Sincerely,

/RA/

Marshall J. David, Project Manager Plant Licensing Branch I-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-410 cc: See next page

ML072970109 NRR-084 OFFICE PDI-1/PM PDI-1/LA SNPB/BC SRXB/BC PDI-1/BC NAME MDavid SLittle AMendiola GCranston MKowal DATE 10/30/07 10/29/07 10/30/07 10/30/07 10/31/07 Nine Mile Point Nuclear Station cc:

Mr. Michael J. Wallace Supervisor President Town of Scriba Nine Mile Point Nuclear Station, LLC Route 8, Box 382 c/o Constellation Energy Group Oswego, NY 13126 750 East Pratt Street Baltimore, MD 21202 Carey W. Fleming, Esquire Senior Counsel Mr. Mike Heffley Constellation Generation Group, LLC Senior Vice President and Chief 750 East Pratt Street, 17th Floor Nuclear Officer Baltimore, MD 21202 Constellation Generation Group 1997 Annapolis Exchange Parkway Mr. Michael Balboni Suite 500 Deputy Secretary for Public Safety Annapolis, MD 21401 State Capitol, Room 229 Albany, NY 12224 Regional Administrator, Region I U.S. Nuclear Regulatory Commission Mr. James R. Evans 475 Allendale Road LIPA King of Prussia, PA 19406 P.O. Box 129 Lycoming, NY 10393 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 Mr. John P. Spath New York State Energy, Research, and Development Authority 17 Columbia Circle Albany, NY 12203-6399 Mark J. Wetterhahn, Esquire Winston & Strawn 1700 K Street, NW Washington, DC 20006