ML080310467

PSEG Nuclear LLC, Request for Withholding Information from Public Disclosure for Hope Creek Regarding Letter Dated January 25, 2008, Responses to Requests for Additional Information Request for License Amendment - Extended Power Uprate.

ML080310467
Person / Time
Site:	Hope Creek
Issue date:	03/07/2008
From:	John Lamb NRC/NRR/ADRO/DORL/LPLI-2
To:	Barnes G Public Service Enterprise Group
Lamb John G./NRR/DORL, 415-3100
References
TAC MD3002
Download: ML080310467 (4)

Text

March 7, 2008 Mr. George P. Barnes Site Vice President Hope Creek Generating Station PSEG Nuclear LLC P.O. Box 236 Hancocks Bridge, NJ 08038

SUBJECT:

PSEG NUCLEAR LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR HOPE CREEK GENERATING STATION REGARDING LETTER, DATED JANUARY 25, 2008, RESPONSES TO REQUESTS FOR ADDITIONAL INFORMATION REQUEST FOR LICENSE AMENDMENT - EXTENDED POWER UPRATE (TAC NO. MD3002)

Dear Mr. Barnes:

By letter dated January 25, 2008, you submitted an affidavit executed by Barbara A. Agans on behalf of Continuum Dynamics, Inc. (C.D.I.), dated January 25, 2008, 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:

Responses to Hope Creek Generating Station - Request for Additional Information Regarding Extended Power Uprate (TAC No. MD3002), January 23, 2008.

A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commission=s (NRC=s) Public Document Room and added to the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room.

The affidavit 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.

G. Barnes We have reviewed your application and the material in accordance with 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 proprietary will be withheld from public disclosure pursuant to 10CFR 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 301-415-3100.

Sincerely,

/ra/

John G. Lamb, Senior 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

ML080310467 OFFICE LPL1-2/PM LPL1-2/LA EMCB/BC LPL1-2/BC NAME JLamb ABaxter KManoly HChernoff DATE 2/8/08 2/21/08 2/8/08 3/7/08 Hope Creek Generating Station cc:

Mr. Thomas Joyce Township Clerk Senior Vice President - Operations Lower Alloways Creek Township PSEG Nuclear Municipal Building, P.O. Box 157 P.O. Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Mr. Paul Bauldauf, P.E., Asst. Director Mr. Dennis Winchester Radiation Protection Programs Vice President - Nuclear Assessment NJ Department of Environmental PSEG Nuclear Protection and Energy P.O. Box 236 CN415 Hancocks Bridge, NJ 08038 Trenton, NJ 08625-0415 Mr. Carl Fricker Mr. Brian Beam Vice President - Operations Support 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. John Perry U.S. Nuclear Regulatory Commission Plant Manager - Hope Creek 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. James Mallon U.S. Nuclear Regulatory Commission Manager - Licensing Drawer 0509 PSEG Nuclear Hancocks Bridge, NJ 08038 P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. William Levis President & Chief Nuclear Officer Mr. Jeffrie J. Keenan, Esquire PSEG Nuclear LLC - N09 PSEG Nuclear - N21 P.O. Box 236 P.O. Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Ms. Barbara A. Agans Mr. Michael Gaffney Administrative Officer Manager-Hope Creek Regulatory Assurance Continuum Dynamics, Inc.

PSEG Nuclear 34 Lexington Ave.

P.O. Box 236 Ewing, NJ 08618-2302 Hancocks Bridge, NJ 08038