ML091490561

Request for Withholding Information from Public Disclosure for Prairie Island Nuclear Generating Plant, Units 1 and 2

ML091490561
Person / Time
Site:	Prairie Island
Issue date:	06/08/2009
From:	Thomas Wengert Plant Licensing Branch III
To:	Wadley M Northern States Power Co
Wengert, Thomas J, NRR/DORL, 415-4037
References
TAC MD9142, TAC MD9143
Download: ML091490561 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 June 8, 2009 Mr. Michael D. Wadley Site Vice President Prairie Island Nuclear Generating Plant Northern States Power Company - Minnesota 1717 Wakonade Drive East Welch, MN 55089 SUB~'ECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR PRAIRIE ISLAND NUCLEAR GENERATING PLANT, UNITS 1 AND 2 (TAC NOS. MD9142 AND MD9143)

Dear Mr. Wadley:

By letter dated May 4, 2009 (Agencywide Documents Access and Management System Accession No. ML091310384), you submitted an affidavit dated April 27, 2009, executed by

~1. A. Gresham of Westinghouse Electric Company, LLC (Westinghouse), requesting that the 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:

"Prairie Island 422V+ Fuel Transition Project RAI Responses - EMCB RAI-1(a)"

The affidavit stated that the proprietary information as submitted by Westinghouse is that associated with Xcel Energy's responses to the [Nuclear Regulatory Commission's] NRC's Request for Additional Information (re: Prairie Island Units 1 and 2 transition to the Westinghouse 0.422-lnch 00 14x14 VANTAGE+ Fuel). The proprietary information is included as Enclosure 3 to the May 4, 2009, letter.

A nonproprietary version of the document has been placed in the NRC's Public Document Room and added to the ADAMS Electronic Reading Room.

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 the 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.

Additionally, you stated that the information was transmitted to the !\\IRC in confidence, has been held in confidence, is of a type customarily held in confidence, and is not available in a public source.

M. Wadley

- 2 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, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the applicable portions of the document 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.

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 301-415-4037.

Sincerely, Thomas J. Wen rt, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-282 and 50-306 cc: Additional Distribution via ListServ

Prairie Island Nuclear Generating Plant, Units 1 and 2 cc:

Mr. J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Westinghouse Electric Company, LLC Nuclear Services P.O. Box 355 Pittsburgh, PA 15230-0355 Additional Distribution via ListServ

M. Wadley

-2 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, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the applicable portions of the document 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.

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 !\\IRC 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 301-415-4037.

Sincerely, IRAJ Thomas J. Wengert, Senior Project Manager Plant Licensing Branch 111-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-282 and 50-306 cc: Additional Distribution via ListServ DISTRIBUTION:

PUBLIC LPL3-1 R/F RidsNrrDorlLpl3-1 Resource Ridsl\\IRRPMPrairie Island Resource RidsNrrLABTully Resource RidsNrrDeEmcb Resource RidsAcrsAcnw_MailCTR Resource RidsOgcMailCenter Resource RidsRgn3MailCenter Resource RidsNrrDorlDpr Resource ADAMS Accession Number: ML091490561 OFFICE LPL3-1/PM LPL3-1/LA NRR/DE/EMCB/BC LPL3-1/BC NAME TWengert BTully MKhanna LJames DATE 06/01/09 06/01/09 06/01/09 06/08/09 OFFICIAL RECORD