ML093410685

Request for Withholding Information from Public Disclosure - Proposed License Amendment for Extended Power Uprate Operation Dated May 27, 2009 GEH Proprietary Documents - Nine Mile Point Nuclear Station Unit No. 2

ML093410685
Person / Time
Site:	Nine Mile Point
Issue date:	12/10/2009
From:	Richard Guzman Division of Operating Reactor Licensing
To:	Belcher S Nine Mile Point
References
TAC ME1476
Download: ML093410685 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 10, 2009 Mr. Samuel L. Belcher Vice President Nine Mile Point Nine Mile Point Nuclear Station, LLC P.O. Box 63 Lycoming, NY 13093

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: PROPOSED LICENSE AMENDMENT FOR EXTENDED POWER UPRATE OPERATION - NINE MILE POINT NUCLEAR STATION, UNIT NO.2 - (TAC NO. ME1476)

Dear Mr. Belcher:

By letter dated May 27,2009, you submitted an affidavit dated May 4,2009, executed by Mr.

James F. Harrison, 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:

GEH LICENSING TOPICAL REPORT NEDC-33351 P, "SAFETY ANALYSIS REPORT FOR NINE MILE POINT NUCLEAR STATION UNIT 2 CONSTANT PRESSURE POWER UPRATE," REVISION 0, CLASS III (GEH Proprietary Information),

The affidavit stated that the submitted information 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 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 GEH LICENSING TOPICAL REPORT NEDC-33351 P, "SAFETY ANALYSIS REPORT FOR NINE MILE POINT NUCLEAR STATION UNIT 2 CONSTANT PRESSURE POWER UPRATE," REVISION 0, CLASS III (GEH Proprietary Information), 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.

S. Belcher -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 301-415-1030.

Sincerely, Richard V. Guzman, Senior Project Manager Plant Licensing Branch 1-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-410 cc: Distribution via Listserv

ML093410685 OFFICE LPL1-1/PM LPL 1-1/LA EMCB/BC LPL 1-1/BC RGuzman JBoska for NAME SLittie MKhanna NSalgado DATE 12/09/09 12/10/09 12/9/09 12/10/09