ML090720030
| ML090720030 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 03/20/2009 |
| From: | Beltz T Plant Licensing Branch III |
| To: | Jensen J Indiana Michigan Power Co |
| beltz T, NRR/DORL/LPL3-1, 301-415-3049 | |
| References | |
| TAC MD5297 | |
| Download: ML090720030 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 20, 2009 Mr. Joseph N. Jensen Senior Vice President and Chief Nuclear Officer Indiana Michlgan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THE DONALD C. COOK NUCLEAR PLANT, UNIT 1 (TAC NO. MD5297)
Dear Mr. Jensen:
By letter dated December 16, 2008 (Agencywide Documents Access and Management System Accession No. ML083660104), you submitted a response to a request for additional information (second round) related to a Donald C. Cook Nuclear Plant, Unit 1, small break loss-of-coolant accident (SBLOCA) reanalysis. The submittal contained an affidavit (CAW-08-2504) dated December 5, 2008, executed by J. A. Gresham of Westinghouse Electric Company, requesting that information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390: entitled "SBLOCA Reanalysis - Response to the Second Round NRC Requests for Additional Information Question 1 (Proprietary)."
The affidavit stated that the submitted information 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 Westinghouse's 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 your apphcation ~'nd'the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, 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.
J.Jensen
- 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 Nuclear Regulatory Commission (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 301-415-3049.
Sincerely, Ter A. Beltz, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-315 cc: Additional Distribution via ListServ
Donald C. Cook Nuclear Plant Unit 1 cc:
Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC P.O. Box 355 Pittsburgh, PA 15230-0355 Additional Distribution via ListServ
March 20. 2009 J.Jensen
- 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 Nuclear Regulatory Commission (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 301-415-3049.
Sincerely, IRAJ Terry A. Beltz, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-315 cc: Additional Distribution via ListServ DISTRIBUTION:
PUBLIC RidsAcrsAcnw_MailCTR Resource LPL 3-1 R/F RidsNrrDorlLpl3-1 Resource RldsNrrDssSnpb Resource RidsRgn3MailCenter Resource RidsNrrLABTulfy Resource RidsOgcMailCenter Resource RidsNrrPMDCCook Resource Accession No' ML090720030 OFFICE LPL3-1/PM LPL3-1/PM LPL3-1/LA SNPB/BC LPL3-1/BC NAME TBeltz PTam BTuily TMendiola LJames /PST for DATE 03/16/09 03/16/09 03/16/09 03/18/09 03/20/09 OFFICIAL RECORD COpy