ML090500259
| ML090500259 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 03/03/2009 |
| From: | Tam P Plant Licensing Branch III |
| To: | O'Connor T Northern States Power Co |
| Tam P | |
| References | |
| TAC MD6864 | |
| Download: ML090500259 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 3, 2009 Mr. Timothy J. O'Connor Site Vice President Monticello Nuclear Generating Plant Northern States Power-Minnesota 2807 West County Road 75 Monticello, MN 55362-9637 SUB"IECT:
MONTICELLO NUCLEAR GENERATING PLANT - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. MD6864)
Dear Mr. O'Connor:
By letter dated January 20,2009, you submitted supplemental information to support a proposed amendment regarding recirculation riser differential pressure values and surveillance requirements, including Enclosure 3, "GEH-MNGP-LPCI-02, GEH Responses to Monticello Third Round RAls [Requests for Additional Information] 1 through 3 (proprietary)" (Agencywide Documents Access and Management System (ADAMS) Accession No. ML090280054). is an affidavit executed by Mr. James F. Harrison of GE-Hitachi Nuclear Energy Americas LLC (GEH), on January 8,2009, requesting that Enclosure 3 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390. It stated that the entire Enclosure 3 should be considered exempt from mandatory public disclosure for the following reasons:
(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 economic 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 GEH's affidavit in accordance with the requirements of 10 CFR 2.390, and on the basis of its 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 Enclosure 3, 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 have released to the public the non-proprietary version of the GEH document that was submitted as Enclosure 1 of your January 20, 2009, letter (ADAMS Accession No. ML090280053).
T. J. O'Connor
- 2 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,
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Pefer S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-263 cc: Mr. James F. Harrison Vice President, Fuel Licensing Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via ListServ
March 3, 2009 T. J. O'Connor
- 2 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, IRA!
Peter S. Tam, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Requlation Docket No. 50-263 cc: Mr. James F. Harrison Vice President, Fuel Licensing Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Road Wilmington, NC 28401 Additional Distribution via ListServ DISTRIBUTION:
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