ML083020282

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Letter to Determine That Enclosures 8 and 9 of 9/16/08 Submittal Can Be Withheld from Public Disclosure
ML083020282
Person / Time
Site: Monticello Xcel Energy icon.png
Issue date: 10/06/2008
From: Tam P
Plant Licensing Branch III
To: O'Connor T
Northern States Power Co
Tam P
References
TAC MD8064
Download: ML083020282 (3)


Text

November 6, 2008 Mr. Timothy J. O=Connor Site Vice President Monticello Nuclear Generating Plant Northern States Power Company 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 September 16, 2008, you submitted a supplement to the February 6, 2008, application for an amendment regarding the power range neutron monitoring system. Your letter stated that Enclosure 8, GEH Proprietary Response to NRC Request for Additional Information dated June 13, 2008, and Enclosure 9, GEH Proprietary Response to NRC Request for Additional Information dated June 13, RAI No. 2, contain information which is proprietary to GE-Hitachi Nuclear Energy Americas LLC (GEH). GEH 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 two affidavits as Enclosure 4, executed by Messrs.

Robert E. Brown and Tim E. Abney of GEH to support this request. The affidavits requested that Enclosures 8 and 9 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

The GEH affidavits stated that the entire Enclosures 8 and 9 should be considered exempt from mandatory public disclosure because Enclosures 8 and 9 contain:

(a) Information that discloses a process, method, or apparatus including supporting data and analyses, where prevention of its use by GEH's competitors without license from GEH 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; 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 documents identified as Enclosures 5 and 6, which are 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 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: Distribution via ListServ

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: Distribution via ListServ DISTRIBUTION PUBLIC RidsNrrDorlLpl3-1 Resource RidsNrrPMMonticello Resource RidsNrrLATHarris Resource RidsOgcMailCenter Resource RidsAcrsAcnw_MailCTR Resource RidsNrrDirsltsb Resource RidsRgn3MailCenter Resource RidsNrrDorlDpr Resource LPL3-1 R/F Accession No.: ML083020282 OFFICE LPL3-1/PM LPL3-1/LA EICB/BC LPL3-1/BC NAME PTam THarris WKemper LJames DATE 10 / 31 /08 10 / 29 /08 10 / 31 /08 11/ 06 /08 OFFICIAL RECORD COPY