ML082550612

PSEG Nuclear LLC, Request for Withholding Information from Public Disclosure for Hope Creek Generating Station (Hope Creek) Regarding Letter, Dated Sept. 2, 2008,License Condition 2.C.(22)2.b,for Hope Creek Extended Power Uprate (TAC No. MD

ML082550612
Person / Time
Site:	Hope Creek
Issue date:	09/18/2008
From:	John Lamb Plant Licensing Branch 1
To:	Barnes G Public Service Enterprise Group
Lamb John G./NRR/DORL, 415-3100
References
TAC MD3002
Download: ML082550612 (4)

Text

September 18, 2008 Jeffrie Keenan, Esquire Manager - Licensing 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 SEPTEMBER 2, 2008, LICENSE CONDITION 2.C.(22)2.b, FOR HOPE CREEK GENERATING STATION EXTENDED POWER UPRATE (TAC NO. MD3002)

Dear Mr. Keenan:

By letter dated September 2, 2008 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML082540324), you submitted an affidavit executed by Alan J. Bilanin on behalf of Continuum Dynamics, Inc. (C.D.I.), dated September 2, 2008, requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390:

C.D.I. Technical Note No.08-20P, Revision 1, Limit Curves with ACM Rev. 4 for 111.5%

Power Level Basis at Hope Creek Unit 1," dated August 2008, and C.D.I. Report No.08-29P, Revision 0, "Final Stress Assessment of Hope Creek Unit 1 Steam Dryer at 111.5% CLTP Conditions," dated August 2008 Nonproprietary copies of these documents have 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.

J. Keenan 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

ML082550612 OFFICE LPL1-2/PM LPL1-2/LA EMCB/BC LPL1-2/BC NAME JLamb ABaxter KManoly HChernoff DATE 09/12/08 9/15/08 09/12/08 9/18/08 Hope Creek Generating Station cc:

Mr. Thomas Joyce Senior Vice President - Operations Mr. Brian Beam PSEG Nuclear Board of Public Utilities P.O. Box 236 2 Gateway Center, Tenth Floor Hancocks Bridge, NJ 08038 Newark, NJ 07102 Mr. Dennis Winchester Regional Administrator, Region I Vice President - Nuclear Assessment U.S. Nuclear Regulatory Commission PSEG Nuclear 475 Allendale Road P.O. Box 236 King of Prussia, PA 19406 Hancocks Bridge, NJ 08038 Senior Resident Inspector Mr. Carl Fricker Hope Creek Generating Station Vice President - Operations Support U.S. Nuclear Regulatory Commission PSEG Nuclear Drawer 0509 P.O. Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Mr. William Levis Mr. John Perry President & Chief Nuclear Officer Plant Manager - Hope Creek PSEG Nuclear LLC - N09 PSEG Nuclear P.O. Box 236 P.O. Box 236 Hancocks Bridge, NJ 08038 Hancocks Bridge, NJ 08038 Ms. Barbara A. Agans Mr. James Mallon Administrative Officer Manager - Licensing Continuum Dynamics, Inc.

PSEG Nuclear 34 Lexington Ave.

P.O. Box 236 Ewing, NJ 08618-2302 Hancocks Bridge, NJ 08038 Mr. Michael Gaffney Manager-Hope Creek Regulatory Assurance PSEG Nuclear P.O. Box 236 Hancocks Bridge, NJ 08038 Township Clerk Lower Alloways Creek Township Municipal Building, P.O. Box 157 Hancocks Bridge, NJ 08038 Mr. Paul Bauldauf, P.E., Asst. Director Radiation Protection Programs NJ Department of Environmental Protection and Energy CN415 Trenton, NJ 08625-0415