ML080701190

Request for Withholding Information from Public Disclosure

ML080701190
Person / Time
Site:	Cook
Issue date:	03/21/2008
From:	Tam P NRC/NRR/ADRO/DORL/LPLIII-1
To:	Rencheck M Indiana Michigan Power Co
tam P, NRR/DORL, 415-1451
References
TAC MD5297
Download: ML080701190 (4)

Text

March 21, 2008 Mr. Michael W. Rencheck Senior Vice President and Chief Nuclear Officer Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106

SUBJECT:

DONALD C. COOK NUCLEAR PLANT, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD5297)

Dear Mr. Rencheck:

By letter dated February 29, 2008, Mr. Mark A. Peifer of Indiana Michigan Power Company submitted an application for amendment. Among other things, the application contains , an affidavit dated February 29, 2008, executed by J. A. Gresham of Westinghouse Electric Company, and a document identified as Enclosure 2 entitled "Table 8-1 and Figure 8-1 through 8-4" (Proprietary). The affidavit requested that Enclosure 2 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 Enclosure 2 should be considered exempt from mandatory public disclosure for the following reasons:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouses competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(c) Its use 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 Mr. Greshams affidavit in accordance with the requirements of 10 CFR 2.390, and on the basis of his 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 2, 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 of Mr. Greshams document, which was provided as Enclosure 3 of Mr. Peifers February 29, 2008, letter (Accession No. ML080740053).

M. W. Rencheck 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. 50-315 cc: See next page

M. W. Rencheck 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. 50-315 cc: See next page DISTRIBUTION PUBLIC RidsNrrDorlLpl3-1 RidsNrrPMPTam RidsNrrLATHarris RidsOGCRp RidsAcrsAcnw&mMailCenter RidsNrrDirsltsb RidsRgn3MailCenter RidsNrrDorlDpr LPL 3-1 R/F Accession No.: ML080701190 OFFICE LPL3-1/PM LPL3-1/LA SRXB/BC LPL3-1/BC NAME PTam THarris GCranston LJames DATE 3/ 12 /08 3/ 21 /08 3/ 11 /08 3/ 21 /08 OFFICIAL RECORD COPY

Donald C. Cook Nuclear Plant, Units 1 and 2 cc:

Attorney General Michigan Department of Environmental Department of Attorney General Quality 525 West Ottawa Street Waste and Hazardous Materials Div.

Lansing, MI 48913 Hazardous Waste & Radiological Protection Section Township Supervisor Nuclear Facilities Unit Lake Township Hall Constitution Hall, Lower-Level North P.O. Box 818 525 West Allegan Street Bridgman, MI 49106 P. O. Box 30241 Lansing, MI 48909-7741 U.S. Nuclear Regulatory Commission Resident Inspector's Office Joel P. Gebbie, Plant Manager 7700 Red Arrow Highway Indiana Michigan Power Company Stevensville, MI 49127 Nuclear Generation Group One Cook Place Kimberly Harshaw, Esquire Bridgman, MI 49106 Indiana Michigan Power Company One Cook Place Mark A. Peifer, Site Vice President Bridgman, MI 49106 Indiana Michigan Power Company Nuclear Generation Group Mayor, City of Bridgman One Cook Place P.O. Box 366 Bridgman, MI 49106 Bridgman, MI 49106 J. A. Gresham, Manager Special Assistant to the Governor Regulatory Compliance and Plant Licensing Room 1 - State Capitol Westinghouse Electric Company Lansing, MI 48909 Nuclear Services Pittsburgh, PA 15230-0355 James M. Petro, Jr.

Regulatory Affairs Manager Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106