ML081560023

Withholding from Public Disclosure, 03/31/2008 Application for Extended Power Uprate Amendment Enclosure 1 Mechanical and Civil Engineering Branch Questions and Responses (Proprietary).

ML081560023
Person / Time
Site:	Monticello
Issue date:	06/16/2008
From:	Tam P NRC/NRR/ADRO/DORL/LPLIII-1
To:	O'Connor T Nuclear Management Co
References
TAC MD8398
Download: ML081560023 (4)

Text

June 16, 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. MD8398)

Dear Mr. OConnor:

By letter dated May 30, 2008, you submitted a supplement to the March 31, 2008, application for an extended power uprate amendment. Your letter stated that Enclosure 1, Mechanical and Civil Engineering Branch Questions and Responses (Proprietary), contains information which is proprietary to Continuum Dynamics, Inc. (CDI), and that CDI requested that this proprietary information be withheld from public disclosure in accordance with Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 390(a)4, and Part 9, Section 17(a)4.

Your letter provided an affidavit as Enclosure 2, executed by Mr. Alan J. Bilanin, to support this request. You provided a non-proprietary version of the CDI document as Enclosure 3.

The affidavit requested that Enclosure 1 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

Mr. Bilanins affidavit stated that the entire Enclosure 1 should be considered exempt from mandatory public disclosure for the following reasons:

(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; (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; (c) Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390, and on the basis of the statements in the affidavit, 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 1, 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.

T. J. OConnor We will release to the public the non-proprietary version of Mr. Bilanins document, which was provided as Enclosure 3 of your May 30, 2008, letter (Accession No. ML081550504).

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 We will release to the public the non-proprietary version of Mr. Bilanins document, which was provided as Enclosure 3 of your May 30, 2008, letter (Accession No. ML081550504).

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 LPL3-1 R/F RidsNrrLABTully Accession No.: ML081560023 OFFICE LPL3-1/PM LPL3-1/LA EMCB/BC LPL3-1/BC NAME PTam BTully KManoly LJames DATE 6/10/08 6/6/08 6/10/08 6/16/08 OFFICIAL RECORD COPY

Monticello Nuclear Generating Plant cc:

Commissioner Peter M. Glass Minnesota Department of Commerce Assistant General Counsel 85 7th Place East, Suite 500 Xcel Energy Services, Inc. St. Paul, MN 55101-2198 414 Nicollet Mall Minneapolis, MN 55401 Manager - Environmental Protection Division Minnesota Attorney General=s Office U.S. Nuclear Regulatory Commission 445 Minnesota St., Suite 900 Resident Inspector's Office St. Paul, MN 55101-2127 2807 W. County Road 75 Monticello, MN 55362 Nuclear Asset Manager Xcel Energy, Inc.

Manager, Nuclear Safety Assessment 414 Nicollet Mall, R.S. 8 Monticello Nuclear Generating Plant Minneapolis, MN 55401 Nuclear Management Company, LLC 2807 West County Road 75 Dennis L. Koehl Monticello, MN 55362-9637 Chief Nuclear Officer Nuclear Management Company, LLC Commissioner 700 First Street Minnesota Pollution Control Agency Hudson, WI 54016 520 Lafayette Road St. Paul, MN 55155-4194 Alan J. Bilanin Continuum Dynamics, Inc.

Commissioner 34 Lexington Avenue Minnesota Department of Health Ewing, NJ 08618-2302 717 Delaware Street, S. E.

Minneapolis, MN 55440 Douglas M. Gruber, Auditor/Treasurer Wright County Government Center 10 NW Second Street Buffalo, MN 55313