ML080570648
| ML080570648 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 03/21/2008 |
| From: | Tam P NRC/NRR/ADRO/DORL/LPLIII-1 |
| To: | O'Connor T Nuclear Management Co |
| Tam P | |
| References | |
| TAC MD8064 | |
| Download: ML080570648 (4) | |
Text
March 21, 2008 Mr. Timothy J. O=Connor Site Vice President Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637
SUBJECT:
MONTICELLO NUCLEAR GENERATING PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD8064)
Dear Mr. OConnor:
By letter dated February 6, 2008, you submitted an application for amendment, including, consisting of an affidavit dated January 16, 2008, executed by Tim E. Abney of GE Hitachi Nuclear Energy and a document entitled "Monticello Option III Stability Deviations" (Proprietary). The affidavit requested that the document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
The affidavit stated that the entire document (i.e., Enclosure 6 of the February 6, 2008, submittal) should be considered exempt from mandatory public disclosure for the following reasons:
(a)
The information 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; (b)
The 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 a similar product.
We have reviewed your affidavit in accordance with the requirements of 10 CFR 2.390, and on the basis of your statements, we have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the entire document identified as Enclosure 6, which is 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.
We will release to the public the non-proprietary version, i.e., Enclosure 5 of your February 6, 2008, letter (Accession No. ML080430622).
T. J. OConnor 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 301-415-1451.
Sincerely,
/RA/
Peter S. Tam, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: See next page
T. J. OConnor 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 301-415-1451.
Sincerely,
/RA/
Peter S. Tam, Senior Project Manager Plant Licensing Branch III-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: See next page DISTRIBUTION PUBLIC RidsNrrDorlLpl3-1 RidsNrrPMPTam RidsNrrLATHarris RidsOgcMailCenter RidsAcrsAcnw&mMailCenter RidsNrrDirsltsb RidsRgn3MailCenter RidsNrrDorlDpr LPL 3-1 R/F Accession No.: ML080570648 OFFICE LPL3-1/PM LPL3-1/LA SRXB/BC LPL3-1/BC NAME PTam THarris GCranston LJames DATE 3/11/08 2/29/08 3/11/08 3/ 21 /08 OFFICIAL RECORD COPY
Monticello Nuclear Generating Plant cc:
Peter M. Glass Assistant General Counsel Xcel Energy Services, Inc.
414 Nicollet Mall Minneapolis, MN 55401 U.S. Nuclear Regulatory Commission Resident Inspector's Office 2807 W. County Road 75 Monticello, MN 55362 Manager, Nuclear Safety Assessment Monticello Nuclear Generating Plant Nuclear Management Company, LLC 2807 West County Road 75 Monticello, MN 55362-9637 Commissioner Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, MN 55155-4194 Commissioner Minnesota Department of Health 717 Delaware Street, S. E.
Minneapolis, MN 55440 Douglas M. Gruber, Auditor/Treasurer Wright County Government Center 10 NW Second Street Buffalo, MN 55313 Commissioner Minnesota Department of Commerce 85 7th Place East, Suite 500 St. Paul, MN 55101-2198 Manager - Environmental Protection Division Minnesota Attorney General=s Office 445 Minnesota St., Suite 900 St. Paul, MN 55101-2127 Nuclear Asset Manager Xcel Energy, Inc.
414 Nicollet Mall, R.S. 8 Minneapolis, MN 55401 Dennis L. Koehl Chief Nuclear Officer Nuclear Management Company, LLC 700 First Street Hudson, WI 54016 Tim E. Abney GE Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401